[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for the 23rd of September, 2015, opened up with gold at $1,131.37 an ounce.
[00:29.000 --> 00:31.000]  Silver, $14.78 an ounce.
[00:31.000 --> 00:34.000]  Texas crude, $45.83 a barrel.
[00:34.000 --> 00:43.000]  And Bitcoin is currently sitting at about $230 U.S. currency.
[00:43.000 --> 00:48.000]  Today in history, Wednesday, September 23, 1942, the Manhattan Project commences under
[00:48.000 --> 00:50.000]  direction of U.S. General Leslie Groves.
[00:50.000 --> 00:53.000]  Its aim? To deliver an atomic bomb.
[00:53.000 --> 00:56.000]  Led by the United States with the support of the United Kingdom and Canada,
[00:56.000 --> 01:03.000]  it lasted from 1942 until 1946.
[01:03.000 --> 01:07.000]  In recent news, the September equinox arrived this morning, meaning fall is officially here.
[01:07.000 --> 01:10.000]  Although the fall equinox happens at the same moment worldwide,
[01:10.000 --> 01:12.000]  clock times will depend on time zones.
[01:12.000 --> 01:16.000]  For the U.S. time zones, the equinox came at 421 A.M. Eastern Standard Time,
[01:16.000 --> 01:27.000]  321 Central Standard Time, 221 Mountain Standard Time, and 121 Pacific Standard Time.
[01:27.000 --> 01:30.000]  Pope Francis met with President Barack Obama at the White House this morning.
[01:30.000 --> 01:33.000]  Some of the key points mentioned in his speech after Obama made his
[01:33.000 --> 01:35.000]  was the dedication that we need to have for, quote,
[01:35.000 --> 01:39.000]  a sustainable and integral development, for we know that things can change.
[01:39.000 --> 01:42.000]  Such change demands on our part a serious and responsible recognition,
[01:42.000 --> 01:46.000]  not only of the kind of world we may be leaving to our children,
[01:46.000 --> 01:49.000]  but also to the millions of people living under a system which has overlooked them.
[01:49.000 --> 01:52.000]  We know by faith that the Creator does not abandon us.
[01:52.000 --> 01:55.000]  He never forsakes his loving plan or repents of having created us.
[01:55.000 --> 02:04.000]  Humanity still has the ability to work together in building our common home.
[02:04.000 --> 02:07.000]  The Commerce Department said today that the fastest growing economies
[02:07.000 --> 02:10.000]  in the United States last year were largely found deep in the heart of Texas.
[02:10.000 --> 02:15.000]  Half of the 16 U.S. metro areas where the economy grew at 6% rate or more last year
[02:15.000 --> 02:16.000]  were all in Texas.
[02:16.000 --> 02:20.000]  Midland led the way with 24.1% advance in gross domestic product,
[02:20.000 --> 02:24.000]  followed by 11.4% growth in San Angelo, 8.5% increase in Dallas,
[02:24.000 --> 02:28.000]  6.7% spike in Victoria, and a 6.5% upgrade in Corpus Christi,
[02:28.000 --> 02:34.000]  6.2% upsize in Tyler, and a 6.1% margin of growth for the Austin Round Rock areas.
[02:34.000 --> 02:38.000]  The common theme among these regions is energy, natural resources, and mining,
[02:38.000 --> 02:44.000]  which includes oil and gas extraction.
[02:44.000 --> 02:46.000]  The Low Star Lowdown is looking for sponsors.
[02:46.000 --> 02:49.000]  If you have a product or a service you'd like to advertise here,
[02:49.000 --> 02:54.000]  feel free to give us a call at 210-863-5617.
[02:54.000 --> 03:08.000]  This has been your Lowdown for September 23, 2015.
[03:24.000 --> 03:43.000]  Howdy, howdy.
[03:43.000 --> 03:47.000]  This is Randy Kelton, Deborah Stevens, Root of Our Radio,
[03:47.000 --> 03:54.000]  on this Thursday, the 24th day of September, 2015.
[03:54.000 --> 03:58.000]  And I wanted to start out today talking about a little trip
[03:58.000 --> 04:02.000]  I had down the Sheriff's Office yesterday.
[04:02.000 --> 04:04.000]  It was interesting.
[04:04.000 --> 04:11.000]  I went down about four months ago to file a set of criminal complaints
[04:11.000 --> 04:18.000]  against some deputies at the Tarrant County Courthouse for dragging me
[04:18.000 --> 04:23.000]  out of the courthouse and smashing my face into the concrete.
[04:23.000 --> 04:28.000]  After the third time, I called 911 on them.
[04:28.000 --> 04:32.000]  So I went to the district attorney and got one of the investigators,
[04:32.000 --> 04:36.000]  and he insisted that I should take this to the Sheriff's Department
[04:36.000 --> 04:39.000]  because they would handle this.
[04:39.000 --> 04:43.000]  And I insisted that if I give this to the Sheriff's Department,
[04:43.000 --> 04:46.000]  the Sheriff's Department will get my complaint,
[04:46.000 --> 04:49.000]  and they will take it to Internal Affairs,
[04:49.000 --> 04:53.000]  and Internal Affairs will call all of these officers together,
[04:53.000 --> 04:57.000]  and they'll make up some BS story that never happened.
[04:57.000 --> 04:59.000]  And they'll all get their stories straight,
[04:59.000 --> 05:03.000]  and there's a good chance they'll try to come and arrest me
[05:03.000 --> 05:07.000]  in order to prevent me from pursuing them.
[05:07.000 --> 05:13.000]  Well, I suspect because I'd laid that groundwork,
[05:13.000 --> 05:15.000]  they didn't come after me.
[05:15.000 --> 05:20.000]  I did go to the Sheriff's Department and asked to speak to the High Sheriff himself.
[05:20.000 --> 05:27.000]  Instead of the High Sheriff, they gave me his next two in command,
[05:27.000 --> 05:35.000]  and I gave them a set of verified criminal affidavits.
[05:35.000 --> 05:39.000]  And they took my verified criminal affidavits,
[05:39.000 --> 05:45.000]  and they gave it to Internal Affairs, and I heard nothing.
[05:45.000 --> 05:50.000]  So I went to Internal Affairs, but at least they didn't come after me this time.
[05:50.000 --> 05:53.000]  So I went to Internal Affairs,
[05:53.000 --> 05:59.000]  and Internal Affairs told me that in Tarrant County,
[05:59.000 --> 06:03.000]  if you file a complaint against an officer,
[06:03.000 --> 06:09.000]  and it includes an accusation that the officer committed a crime,
[06:09.000 --> 06:13.000]  they won't touch it with a 10-foot pole.
[06:13.000 --> 06:17.000]  So whatever Internal Affairs does,
[06:17.000 --> 06:25.000]  it seems to have nothing to do with ensuring that their officers follow law.
[06:25.000 --> 06:29.000]  Now, if you go anywhere and try to file a complaint,
[06:29.000 --> 06:33.000]  the prosecutor, everybody will tell you,
[06:33.000 --> 06:37.000]  oh, you need to take that to the Sheriff's Department.
[06:37.000 --> 06:41.000]  But the Sheriff's Department doesn't take complaints.
[06:41.000 --> 06:47.000]  The only way I got this one in the hands of the Sheriff's Department
[06:47.000 --> 06:52.000]  is I went to the High Sheriff himself with a reference from the District Attorney.
[06:52.000 --> 06:55.000]  So they were afraid not to handle it,
[06:55.000 --> 07:00.000]  and I believe they already knew that I was the one that had filed criminal charges
[07:00.000 --> 07:06.000]  in Tarrant County against the Dallas County District Attorney.
[07:06.000 --> 07:09.000]  So they knew that the District Attorney knew who I was
[07:09.000 --> 07:13.000]  and was aware of my level of knowledge.
[07:13.000 --> 07:18.000]  We had her on the show when she was running for office.
[07:18.000 --> 07:26.000]  So she got a good idea that we weren't just some upset and irate citizens,
[07:26.000 --> 07:29.000]  that we did have knowledge and knew what I was doing.
[07:29.000 --> 07:32.000]  So they were more careful with me.
[07:32.000 --> 07:37.000]  But in the end, the Sheriff's Department made it clear
[07:37.000 --> 07:44.000]  that they will take no action in the matter of a criminal act
[07:44.000 --> 07:48.000]  by one of their officers.
[07:48.000 --> 07:51.000]  Well, that's interesting.
[07:51.000 --> 07:54.000]  Now, they didn't direct me anywhere else.
[07:54.000 --> 07:57.000]  Of course, I didn't need direction.
[07:57.000 --> 08:03.000]  But it creates a problem for someone who's not knowledgeable.
[08:03.000 --> 08:10.000]  It creates a situation to where the policy of the department
[08:10.000 --> 08:16.000]  has the effect of shielding its officers from prosecution.
[08:16.000 --> 08:23.000]  And that's a violation of 38.05 Texas Penal Code, the way I read the law.
[08:23.000 --> 08:28.000]  So since they didn't act, and in this case,
[08:28.000 --> 08:33.000]  when you go to file a complaint with a policing agency,
[08:33.000 --> 08:38.000]  they're going to want you to fill out a voluntary statement.
[08:38.000 --> 08:43.000]  Now, a voluntary statement is not a complaint.
[08:43.000 --> 08:47.000]  A voluntary statement is complaining.
[08:47.000 --> 08:54.000]  A verified criminal affidavit, that's a complaint.
[08:54.000 --> 08:56.000]  And so when I go to the Sheriff's Department,
[08:56.000 --> 09:00.000]  I always bring a verified criminal affidavit with me.
[09:00.000 --> 09:03.000]  And when I show it to them, they always get real excited
[09:03.000 --> 09:06.000]  and don't want to touch it.
[09:06.000 --> 09:12.000]  But I generally have to do that anyway so that when I go to the next step,
[09:12.000 --> 09:18.000]  and the next statutory step is some magistrate,
[09:18.000 --> 09:24.000]  the next recommended step will always be the district attorney.
[09:24.000 --> 09:29.000]  And the district attorney will take your complaint
[09:29.000 --> 09:36.000]  and exercise his prosecutorial discretion and decide not to prosecute,
[09:36.000 --> 09:41.000]  no matter what you bring him.
[09:41.000 --> 09:46.000]  That's what they've done for the last 30 years.
[09:46.000 --> 09:50.000]  So there is another avenue that nobody will tell you about.
[09:50.000 --> 09:52.000]  Well, let me back up.
[09:52.000 --> 09:55.000]  You don't want to take the prosecutor for that reason.
[09:55.000 --> 09:59.000]  The other logical place to take your complaint,
[09:59.000 --> 10:03.000]  and the only place stipulated in code,
[10:03.000 --> 10:09.000]  is you take the complaint to some magistrate.
[10:09.000 --> 10:13.000]  All judges are magistrates.
[10:13.000 --> 10:20.000]  Now, not all judges are sitting as a magistrate at any one time.
[10:20.000 --> 10:25.000]  For the most part, judges are sitting as judges and they're wearing their judge's hat.
[10:25.000 --> 10:28.000]  But they've got another hat there behind the bench,
[10:28.000 --> 10:32.000]  and that's the magistrate's hat. It's a totally different hat.
[10:32.000 --> 10:34.000]  The only thing magistrates do is marry people,
[10:34.000 --> 10:38.000]  and that's so they make a few extra bucks,
[10:38.000 --> 10:42.000]  hold examining trials, and set bail.
[10:42.000 --> 10:44.000]  That's what magistrates do.
[10:44.000 --> 10:50.000]  When a judge is performing one of those duties or one of those actions,
[10:50.000 --> 10:53.000]  he has his magistrate's hat on.
[10:53.000 --> 11:00.000]  So when you go into a judge's office and present the judge with a criminal affidavit,
[11:00.000 --> 11:04.000]  you invoke the judge's statutory duty as a magistrate
[11:04.000 --> 11:11.000]  as stipulated by Article 2.10, 2.11, Texas Code of Criminal Procedure.
[11:11.000 --> 11:17.000]  It directs him to hold an examining trial under Chapter 16, Texas Code of Criminal Procedure,
[11:17.000 --> 11:20.000]  but they never do.
[11:20.000 --> 11:24.000]  I've never had one hold an examining trial.
[11:24.000 --> 11:31.000]  I did have one accept my complaints, and he did accept them properly.
[11:31.000 --> 11:37.000]  One judge, one time, and it was Tarrant County, it was a county judge.
[11:37.000 --> 11:44.000]  Almost every time, they refused to hold an examining trial.
[11:44.000 --> 11:48.000]  So next month, we have a court hearing on a traffic issue,
[11:48.000 --> 11:56.000]  and we're going to bring a little test to the Westlake Court.
[11:56.000 --> 12:02.000]  Went in on a traffic citation with a woman that works for me,
[12:02.000 --> 12:09.000]  and she signed the citation and agreed to appear on a certain day at a certain time,
[12:09.000 --> 12:12.000]  and we appeared on that day at that time.
[12:12.000 --> 12:18.000]  And we requested to be brought before her.
[12:18.000 --> 12:22.000]  I had her request to be brought before a magistrate.
[12:22.000 --> 12:26.000]  And the judge said, well, he was the judge, so we understand that,
[12:26.000 --> 12:30.000]  but we want a magistrate because we want an examining trial.
[12:30.000 --> 12:34.000]  And he refused to hold an examining trial.
[12:34.000 --> 12:45.000]  Well, this is a test because 546-003 authorizes a police officer,
[12:45.000 --> 12:51.000]  or tells a police officer that he's to arrest people for all offenses.
[12:51.000 --> 12:54.000]  We bring that up so I make sure I get it right.
[12:54.000 --> 13:01.000]  If I get Eddie Craig on, he could make sure I get it right every time.
[13:01.000 --> 13:07.000]  543-002.
[13:07.000 --> 13:12.000]  It's 543-002-3456.
[13:12.000 --> 13:16.000]  It starts out, transportation code is,
[13:16.000 --> 13:21.000]  a person arrested for a violation of this subtitle, punishable as a misdemeanor,
[13:21.000 --> 13:26.000]  shall be immediately taken before a magistrate if,
[13:26.000 --> 13:31.000]  the person is arrested on a charge or a favor to stop in the event of an accident,
[13:31.000 --> 13:35.000]  the person demands an immediate appearance before a magistrate,
[13:35.000 --> 13:45.000]  or refuses to make a written promise to appear in court as provided by this sub-chapter.
[13:45.000 --> 13:46.000]  And it goes on about that.
[13:46.000 --> 13:51.000]  543-003, notice to appear required.
[13:51.000 --> 13:53.000]  Person not taken before a magistrate.
[13:53.000 --> 13:57.000]  An officer who arrests persons for a violation of this statute,
[13:57.000 --> 13:59.000]  punishable as a misdemeanor,
[13:59.000 --> 14:02.000]  and who does not take the person before a magistrate,
[14:02.000 --> 14:06.000]  shall issue a written notice to appear in court,
[14:06.000 --> 14:10.000]  showing the time and place the person is to appear,
[14:10.000 --> 14:14.000]  the offense charge and the name and address of the person charged,
[14:14.000 --> 14:19.000]  and if applicable, the license number of the person to appear.
[14:19.000 --> 14:22.000]  Okay, that says he can do that.
[14:22.000 --> 14:26.000]  543-004, notice to appear.
[14:26.000 --> 14:28.000]  Certain offenses.
[14:28.000 --> 14:32.000]  An officer shall issue a written notice to appear,
[14:32.000 --> 14:37.000]  if the offense charge is speeding or a violation of the open container law.
[14:37.000 --> 14:41.000]  This is the only time he cannot arrest you.
[14:41.000 --> 14:50.000]  The person makes a written promise to appear in court as provided by section 543-005.
[14:50.000 --> 14:55.000]  Now, let's go into 543-005.
[14:55.000 --> 15:00.000]  This one doesn't have 543-005, so I'll have to look that one up.
[15:00.000 --> 15:03.000]  I'm not being pedantic here.
[15:03.000 --> 15:11.000]  It's just that this all fits together.
[15:11.000 --> 15:18.000]  Here we go, 543-005.
[15:18.000 --> 15:20.000]  Oh, that didn't work.
[15:20.000 --> 15:24.000]  Okay, it would have been better if I had had this up.
[15:24.000 --> 15:29.000]  Transportation 543-005, okay.
[15:29.000 --> 15:37.000]  543-005, to secure release, the person arrested must make a written promise to appear in court
[15:37.000 --> 15:42.000]  by signing a written notice prepared by the arresting officer.
[15:42.000 --> 15:48.000]  The signature may be obtained in duplicate form or on an electronic device
[15:48.000 --> 15:52.000]  capable of creating a copy of the signed notice.
[15:52.000 --> 15:59.000]  The arresting officer shall retain the paper electronic original of the notice
[15:59.000 --> 16:04.000]  and deliver the copy of the notice to the person arrested.
[16:04.000 --> 16:10.000]  The officer shall then promptly release the person from custody.
[16:10.000 --> 16:13.000]  Now we get to the good part.
[16:13.000 --> 16:20.000]  543-006.
[16:20.000 --> 16:26.000]  I can find it.
[16:26.000 --> 16:32.000]  When you sign that citation, you agree to do this.
[16:32.000 --> 16:37.000]  543-006.
[16:37.000 --> 16:42.000]  You go to break.
[16:42.000 --> 16:46.000]  We will finish this when we come back on the other side.
[16:46.000 --> 16:50.000]  You might, while we're on break, go ahead and look at our sponsors.
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[16:56.000 --> 16:58.000]  Ready to go to the radio?
[16:58.000 --> 17:00.000]  We'll be right back.
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[19:11.000 --> 19:32.000]  Look what we got, who we are as the Christians, no wonder why they lie, they don't have answers,
[19:32.000 --> 19:44.000]  we are as the Christians, look what we got, who we are as the Christians, no wonder why they lie, they don't have answers.
[19:44.000 --> 19:48.000]  Luke K., we are back from the Kelton Group on radio, and I'm almost done with this.
[19:48.000 --> 19:51.000]  We have a couple of calls, so I'll finish this up quickly.
[19:51.000 --> 20:02.000]  What 543.006 Texas Transportation Code says is, time and place of appearance,
[20:02.000 --> 20:08.000]  the time specified in the notice to appear must be at least 10 days after the date of the arrest,
[20:08.000 --> 20:12.000]  unless the person arrested demands an earlier hearing.
[20:12.000 --> 20:23.000]  The place specified in the notice to appear must be a jurisdiction of the offense
[20:23.000 --> 20:30.000]  who is in the municipality or county in which the offense is alleged to have been committed.
[20:30.000 --> 20:37.000]  It does not say anything about agreeing to appear before a judge.
[20:37.000 --> 20:45.000]  So she came to court to appear before a magistrate, but instead of holding an examining trial,
[20:45.000 --> 20:53.000]  the judge refused to hold an examining trial after one was demanded, the judge held an arraignment hearing,
[20:53.000 --> 21:01.000]  an arraignment hearing is a hearing to identify the accused and take a plea.
[21:01.000 --> 21:11.000]  Well, the way I read that is the officer secured and executed a document by deception
[21:11.000 --> 21:19.000]  in that he purported to secure an agreement to appear before a magistrate,
[21:19.000 --> 21:30.000]  when in fact it was his intent and the intent of the magistrate to force her to appear before a judge.
[21:30.000 --> 21:36.000]  And I call that securing and executing a document by deception.
[21:36.000 --> 21:41.000]  We're going to file that against the judge and the officer when we get there.
[21:41.000 --> 21:43.000]  We're going to file it with the magistrate.
[21:43.000 --> 21:47.000]  Apparently this would be a different judge than the one that was there the first time,
[21:47.000 --> 21:56.000]  which will make it a little less inconvenient because if the judge who committed the offense
[21:56.000 --> 22:02.000]  is the presiding judge, then he'll have to recuse himself and cause to be appointed
[22:02.000 --> 22:07.000]  a judge that's not being accused of a crime.
[22:07.000 --> 22:09.000]  But the judge is going to refuse to do that.
[22:09.000 --> 22:11.000]  He's just going to blow it all off.
[22:11.000 --> 22:15.000]  And then we'll bar-grieve him because he's a lawyer.
[22:15.000 --> 22:18.000]  And then we'll file a judicial conduct complaint against him.
[22:18.000 --> 22:32.000]  And then we'll take a complaint against him for not examining trial based on length to the county judge.
[22:32.000 --> 22:36.000]  And the county judge will do the same thing, or at least we hope to do.
[22:36.000 --> 22:39.000]  Because when the county judge refuses to hold an examining trial,
[22:39.000 --> 22:44.000]  then we'll take it to a district judge who will take it to a district judge,
[22:44.000 --> 22:52.000]  but we'll take a complaint against the county judge, accusing the county judge of misfeasance in office
[22:52.000 --> 23:02.000]  and shielding from prosecution, misfeasance 39.03 penal code, shielding from prosecution 38.05.
[23:02.000 --> 23:09.000]  And from there, once the district judge refuses to hear the complaint,
[23:09.000 --> 23:13.000]  then we take it straight to the grand jury.
[23:13.000 --> 23:17.000]  And in Tarrant County, we can do that.
[23:17.000 --> 23:19.000]  I say we, at least I can do that.
[23:19.000 --> 23:26.000]  At the moment, I don't know if they're providing the same facility to someone else,
[23:26.000 --> 23:33.000]  but I've kind of worked them over and gave them the law and explained the position.
[23:33.000 --> 23:37.000]  And they agreed with me and they stood aside and let me take complaints directly to the grand jury.
[23:37.000 --> 23:45.000]  I just took a set of complaints and I am concerned about that.
[23:45.000 --> 23:52.000]  I keep saying on here, it's not my, I personally went on one's career.
[23:52.000 --> 24:00.000]  And the reason I went ahead and took the complaints to the Sheriff's Department was because I didn't want to ruin their career.
[24:00.000 --> 24:07.000]  I would have rather the Sheriff's Department handle this issue, but they did not.
[24:07.000 --> 24:10.000]  They effectively threw these guys under the bus.
[24:10.000 --> 24:15.000]  They left me with no option but to file against them with the grand jury.
[24:15.000 --> 24:21.000]  I don't like to file complaints that would jeopardize an officer's career.
[24:21.000 --> 24:27.000]  I like to accuse an officer of following policy.
[24:27.000 --> 24:34.000]  And that's how this whole thing started, is I asked them if the metal detectors were voluntary.
[24:34.000 --> 24:36.000]  And they said, well, yes, they are.
[24:36.000 --> 24:38.000]  And I don't like to hear it.
[24:38.000 --> 24:40.000]  They said, no, you can't go in the courthouse.
[24:40.000 --> 24:46.000]  So I called 911 and asked them to arrest these officers for following policy.
[24:46.000 --> 24:52.000]  And the officer they sent out to take my complaint, instead of taking my complaint, he threatened me.
[24:52.000 --> 24:54.000]  So I called 911 again.
[24:54.000 --> 24:58.000]  And the next officer came out, and he threatened me, so I called 911 again.
[24:58.000 --> 25:03.000]  Then they dragged me out of the courthouse and smashed my face in the concrete.
[25:03.000 --> 25:06.000]  Now, that is a problem, and I couldn't ignore it.
[25:06.000 --> 25:08.000]  But I didn't want to end their careers.
[25:08.000 --> 25:17.000]  I wanted to get them spanked pretty good to prevent them or any of these other deputies from doing what they did.
[25:17.000 --> 25:28.000]  But the Sheriff's Department slithered up behind that thin blue line and refused to provide me the equal protection of the laws.
[25:28.000 --> 25:33.000]  So I took it to the grand jury myself, and we'll see how that works out.
[25:33.000 --> 25:35.000]  But now we're going to take a...
[25:35.000 --> 25:43.000]  I like the one I'm taking against the officer who wrote the ticket because he was following policy.
[25:43.000 --> 25:48.000]  And I'm filing against the judge because the judge was following policy.
[25:48.000 --> 25:53.000]  And I'll file against the court clerk because I asked to see some criminal records.
[25:53.000 --> 25:55.000]  She said I'd have to give her a written request.
[25:55.000 --> 26:03.000]  I gave her one, said I have to come back in 10, 15 days after she gave it to the district attorney.
[26:03.000 --> 26:08.000]  So I asked for a police officer on the spot.
[26:08.000 --> 26:13.000]  The police officer refused to take a complaint because it was against someone she knew.
[26:13.000 --> 26:17.000]  So I'll be taking those complaints to this magistrate as well.
[26:17.000 --> 26:20.000]  These are the kinds I prefer.
[26:20.000 --> 26:23.000]  These are officials essentially following policy.
[26:23.000 --> 26:27.000]  They weren't aggressive. They weren't rude.
[26:27.000 --> 26:34.000]  They conducted themselves in a business life like a professional man the whole time.
[26:34.000 --> 26:38.000]  They just followed policy and it was flawed policy.
[26:38.000 --> 26:41.000]  These are clean.
[26:41.000 --> 26:43.000]  Anyway, enough of that.
[26:43.000 --> 26:52.000]  We're going to go to Mr. Jeff in Mississippi or somewhere thereabouts down there in Hillbilly land.
[26:52.000 --> 26:55.000]  Hello, Mr. Jeff.
[26:55.000 --> 26:58.000]  Hey, Randy. Thanks for having me on the show.
[26:58.000 --> 27:02.000]  Glad to have you. What have you been up to?
[27:02.000 --> 27:10.000]  Well, I'm finally coming to a point where I can start writing a complaint and start mailing stuff in.
[27:10.000 --> 27:18.000]  I've got a question on locations because I've kind of fallen into some strange stuff.
[27:18.000 --> 27:23.000]  In Mississippi, I'm looking at a Title 42, 1983.
[27:23.000 --> 27:32.000]  It's in Starkville, Mississippi, which is the northern district for the Federal Fifth Circuit,
[27:32.000 --> 27:36.000]  which is the same circuit that Texas is in.
[27:36.000 --> 27:39.000]  So it's Blythna 2, northern district.
[27:39.000 --> 27:44.000]  There are three courthouses in the northern district of Mississippi,
[27:44.000 --> 27:51.000]  and the closest one to Starkville is about 30 miles away in a town called Aberdeen.
[27:51.000 --> 28:02.000]  Now, instinctively, would I file a Title 42 at the closest federal courthouse, or could that get returned to me?
[28:02.000 --> 28:10.000]  No, no. You can essentially file it at any courthouse, any federal courthouse, unless they have some local rules.
[28:10.000 --> 28:16.000]  Normally, they will decide where they want it tried,
[28:16.000 --> 28:27.000]  and if you file it in a courthouse other than the one they want to try it at, they will normally forward it to the clerk of the court that has the venue.
[28:27.000 --> 28:30.000]  We're talking about jurisdiction and venue here.
[28:30.000 --> 28:31.000]  Yeah.
[28:31.000 --> 28:41.000]  They have apparently broken up the district into venues, and you might call the court and ask them about venue.
[28:41.000 --> 28:47.000]  If you have a case, tell them where it's at, and just ask them which courthouse you should file it in.
[28:47.000 --> 28:53.000]  Well, I know that New Orleans is the actual federal seat of the Fifth Circuit,
[28:53.000 --> 28:56.000]  but there's probably no chance that I'll wind up in New Orleans.
[28:56.000 --> 29:00.000]  I'll probably wind up in Aberdeen or, you know, somewhere in Mississippi.
[29:00.000 --> 29:05.000]  The original suit, there will be, that's where the Court of Appeals is.
[29:05.000 --> 29:16.000]  Now, they have a district court there, but you'll file in the one that's close to you, and a local district judge will hear it.
[29:16.000 --> 29:24.000]  Second question is, we were talking last week about suing my attorney because she did some suspicious stuff,
[29:24.000 --> 29:29.000]  but we're going to sue her in state court for malpractice insurance,
[29:29.000 --> 29:39.000]  and we have a circuit court in Starkville, Mississippi, but they also have a chancery court.
[29:39.000 --> 29:43.000]  Okay, hang on. Let's talk about chancery when we come back.
[29:43.000 --> 29:51.000]  Randy Kelton, Deborah Stevens, Rural Law Radio, our call-in number, 512-646-1984.
[29:51.000 --> 30:00.000]  Give us a call. They'll be taking our calls all night. We'll be right back.
[30:00.000 --> 30:06.000]  Do you rise with the roosters or hoot with the owls?
[30:06.000 --> 30:10.000]  Either way, it's your brain that determines what time of day you're at your best.
[30:10.000 --> 30:17.000]  I'm Dr. Catherine Albrecht, and I'll be back with new research on how the clock affects brain function next.
[30:17.000 --> 30:23.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:23.000 --> 30:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.000 --> 30:33.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:33.000 --> 30:39.000]  Privacy, it's worth hanging on to. This message is brought to you by StarkPage.com,
[30:39.000 --> 30:43.000]  the private search engine alternative to Google, Yahoo, and Bing.
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[30:46.000 --> 30:51.000]  Are you a morning person or a night owl? Researchers say our brains determine the answer.
[30:51.000 --> 30:57.000]  They scan volunteers for muscle strength and the excitability of pathways through their nervous systems.
[30:57.000 --> 31:03.000]  They found the brains of early risers worked best at 9 a.m., while the night owls peaked at 9 p.m.
[31:03.000 --> 31:08.000]  Late sleepers also grew stronger throughout the day, while morning folks stayed steady.
[31:08.000 --> 31:15.000]  So early birds, go easy on those night owls. Sleeping in is more a function of biology than willpower.
[31:15.000 --> 31:20.000]  And once they clear the sleep from their eyes, night owls grow stronger with each passing moment,
[31:20.000 --> 31:22.000]  so they're on a continual upswing.
[31:22.000 --> 31:45.000]  I'm Dr. Catherine Albrecht for StarkPage.com, the world's most private search engine.
[31:52.000 --> 32:03.000]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at ThisUSA.org.
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[32:14.000 --> 32:18.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:18.000 --> 32:23.000]  and most importantly, the right to due process of law. Traffic courts afford us the least expensive opportunity
[32:23.000 --> 32:26.000]  to learn how to enforce and preserve our rights through due process.
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[33:15.000 --> 33:27.000]  Mr. Officer, you're taking the right hand. Won't you follow the law of the land? I don't understand.
[33:27.000 --> 33:31.000]  Your job is to protect and preserve.
[33:31.000 --> 33:34.000]  Okay, we are back. Randy Kelton, Rule of Law Radio.
[33:34.000 --> 33:39.000]  And a little slow coming in because I was having a carrot bar on the break.
[33:39.000 --> 33:45.000]  Go to LogosRadioNetwork.com and you can find out what carrot bars are.
[33:45.000 --> 33:53.000]  Okay, that was an advertiser joke and I don't hear anybody laughing.
[33:53.000 --> 33:59.000]  Oh well, back to Jeff in Mississippi.
[33:59.000 --> 34:05.000]  Okay, hey Jeff, where were we when we went out?
[34:05.000 --> 34:11.000]  Okay, well we've got an attorney that is not doing her job.
[34:11.000 --> 34:16.000]  So we were going to sue her in state court for malpractice.
[34:16.000 --> 34:25.000]  But when I looked up the state court in Starkville, Mississippi, I got Chancery Court, Court of Equity.
[34:25.000 --> 34:29.000]  I think there was a divorce court. I got all these different courts.
[34:29.000 --> 34:35.000]  So I know it's no big deal to send a complaint because they can always send it back and say I'm on the wrong court.
[34:35.000 --> 34:40.000]  But I just wanted to get your take on that. Where would I sue her at?
[34:40.000 --> 34:46.000]  I have no idea. A lot of states have Chancery Courts.
[34:46.000 --> 34:54.000]  But each one of them just, the state decides what the court is and they name it.
[34:54.000 --> 35:00.000]  So you'd have to check with Mississippi Law or Texas doesn't have any such thing.
[35:00.000 --> 35:04.000]  We have criminal courts and civil courts and that's it.
[35:04.000 --> 35:06.000]  Oh, okay.
[35:06.000 --> 35:15.000]  So you'll have to just call down there and see. It's most likely not going to be a court of equity.
[35:15.000 --> 35:18.000]  I'm not sure what it would be.
[35:18.000 --> 35:23.000]  I've had people like on the East Coast in the Commonwealth, they all tend to have Chancery Courts.
[35:23.000 --> 35:30.000]  It's an old term, but each one of those Chancery Courts that I've come across were different.
[35:30.000 --> 35:34.000]  They tend to do different things. So I have no idea.
[35:34.000 --> 35:45.000]  Well, if I did mail a complaint to the wrong court, would they just get back with me and tell me what court to go to?
[35:45.000 --> 35:47.000]  Is it not a big deal?
[35:47.000 --> 35:50.000]  It's not a big deal.
[35:50.000 --> 35:57.000]  It would be easier just to call any court clerk for any of the courts and they'll tell you,
[35:57.000 --> 36:04.000]  if you tell them what kind of filing it is, they'll tell you which one to file again.
[36:04.000 --> 36:09.000]  Last question, if I'm going to sue my attorney over malpractice insurance,
[36:09.000 --> 36:14.000]  and so I make the claim and I name my attorney as the defendant,
[36:14.000 --> 36:20.000]  how would I get a hold of her insurance company to notify them?
[36:20.000 --> 36:23.000]  You don't.
[36:23.000 --> 36:31.000]  What will happen is you sue the lawyer. You don't care about his insurance as far as the suit goes.
[36:31.000 --> 36:36.000]  It is the lawyer who will notify the insurance company.
[36:36.000 --> 36:43.000]  The insurance company has no liability to you.
[36:43.000 --> 36:48.000]  Their liability is to indemnify the lawyer.
[36:48.000 --> 36:52.000]  So what generally happens, say you get in an automobile accident,
[36:52.000 --> 36:59.000]  and we had someone on the air a few weeks ago that this was the case,
[36:59.000 --> 37:06.000]  and they were suing or they were being sued over an automobile accident,
[37:06.000 --> 37:10.000]  and they didn't notify their insurance company.
[37:10.000 --> 37:13.000]  And that was a holy mackerel. That's a big deal.
[37:13.000 --> 37:18.000]  He was complaining because his insurance company wasn't taking care of this for him,
[37:18.000 --> 37:21.000]  and he didn't understand.
[37:21.000 --> 37:25.000]  The other side doesn't sue the insurance company, they sue you.
[37:25.000 --> 37:28.000]  And you notify the insurance company that you've been sued,
[37:28.000 --> 37:31.000]  and they'll bring in their lawyers,
[37:31.000 --> 37:37.000]  and they'll represent your interest in the court because it's their interest as well.
[37:37.000 --> 37:40.000]  So you'll sue this lawyer,
[37:40.000 --> 37:43.000]  and he's the one that'll bring in his insurance company.
[37:43.000 --> 37:45.000]  You don't have to worry about that.
[37:45.000 --> 37:50.000]  The insurance company does not reimburse you for your harm.
[37:50.000 --> 37:52.000]  The lawyer does.
[37:52.000 --> 37:55.000]  And the insurance company reimburses him.
[37:55.000 --> 37:57.000]  All right.
[37:57.000 --> 38:00.000]  Makes life easier for us. We don't have to worry about his insurance company.
[38:00.000 --> 38:04.000]  I'll give you guys a call next week, and I'll let you move on to the next caller.
[38:04.000 --> 38:07.000]  Okay.
[38:07.000 --> 38:12.000]  Jeff Sedgwick called me after the show when you spoke to this issue,
[38:12.000 --> 38:20.000]  and he was very interested because this is really a big deal.
[38:20.000 --> 38:24.000]  For a lawyer to come into court
[38:24.000 --> 38:29.000]  and breach the lawyer-client confidentiality,
[38:29.000 --> 38:33.000]  that is a big deal.
[38:33.000 --> 38:39.000]  And especially a contentious case like this, that's going to be a really big deal.
[38:39.000 --> 38:41.000]  We're having some luck here.
[38:41.000 --> 38:45.000]  I have someone I work with here in Texas,
[38:45.000 --> 38:51.000]  and he's helping a woman with a foreclosure in bankruptcy.
[38:51.000 --> 39:00.000]  And her lawyer wouldn't do what David was telling them they needed to do.
[39:00.000 --> 39:05.000]  He wanted them to claim the property is unsecured, and he refused to do it.
[39:05.000 --> 39:08.000]  And she bargained it.
[39:08.000 --> 39:13.000]  So he filed a motion to withdraw.
[39:13.000 --> 39:15.000]  She filed an objection.
[39:15.000 --> 39:21.000]  When they filed the objection, the clerk looked at it and said,
[39:21.000 --> 39:25.000]  we have never seen one of these before.
[39:25.000 --> 39:27.000]  They get into court,
[39:27.000 --> 39:34.000]  and the lawyer said that he has irreconcilable difficulties with his client.
[39:34.000 --> 39:37.000]  And the client got up on the stand and said,
[39:37.000 --> 39:41.000]  he is my lawyer, and he has a contract with me.
[39:41.000 --> 39:45.000]  And the judge said, well, if you're having problems,
[39:45.000 --> 39:47.000]  why don't you just get another lawyer?
[39:47.000 --> 39:48.000]  Because I paid him.
[39:48.000 --> 39:52.000]  If he wants to give me back all of my money, I'll think about it.
[39:52.000 --> 39:55.000]  But until then, he's got all my money.
[39:55.000 --> 39:57.000]  I paid him to do this job.
[39:57.000 --> 40:02.000]  He's under contract, and I want him to do the job.
[40:02.000 --> 40:09.000]  And the judge finally said, well, counselor, you're going to have to work this out.
[40:09.000 --> 40:14.000]  So they come out of court, and she's already bargained her own lawyer.
[40:14.000 --> 40:17.000]  Tried to get off, and the judge wouldn't let him.
[40:17.000 --> 40:20.000]  And this is a federal bankruptcy court.
[40:20.000 --> 40:24.000]  And he's not believing the spot he's in.
[40:24.000 --> 40:28.000]  And he talked to David, the fellow I work with,
[40:28.000 --> 40:30.000]  and David's explaining to him what to do,
[40:30.000 --> 40:33.000]  because they've got an affidavit that's insufficient.
[40:33.000 --> 40:38.000]  And he's asking the lawyer to challenge the affidavit,
[40:38.000 --> 40:40.000]  and the lawyer said, I can't challenge the affidavit.
[40:40.000 --> 40:42.000]  And David said, why not?
[40:42.000 --> 40:43.000]  It's insufficient.
[40:43.000 --> 40:51.000]  And he showed how the affidavit did not meet the federal bankruptcy rules of court
[40:51.000 --> 40:53.000]  for filing an affidavit.
[40:53.000 --> 40:58.000]  They wanted to challenge it, and they had a big back and forth.
[40:58.000 --> 41:02.000]  So they went into court this morning.
[41:02.000 --> 41:10.000]  And David called me and said he had a holy macro moment,
[41:10.000 --> 41:16.000]  because the biggest foreclosure firm in Texas is the one that was handling the foreclosure,
[41:16.000 --> 41:18.000]  came in and started to present their case,
[41:18.000 --> 41:23.000]  and their lawyers, the woman's lawyers, stepped up,
[41:23.000 --> 41:28.000]  raised every objection David had asked him to.
[41:28.000 --> 41:33.000]  But when he first stepped up, the judge said, a brand new judge just got appointed.
[41:33.000 --> 41:36.000]  So he had been a lawyer, and he knew this lawyer.
[41:36.000 --> 41:40.000]  And he said, Counselor, isn't this a special day for you?
[41:40.000 --> 41:46.000]  And he said, well, yes, Your Honor, it's my 20th anniversary of practicing law.
[41:46.000 --> 41:49.000]  So the guy's been practicing law 20 years.
[41:49.000 --> 41:54.000]  And David said when he stepped up to raise his objection,
[41:54.000 --> 41:59.000]  David said he was visibly shaking.
[41:59.000 --> 42:07.000]  He was terrified, because he's doing something he hasn't done before.
[42:07.000 --> 42:12.000]  But he was more afraid of his own client than he was the judge.
[42:12.000 --> 42:16.000]  Perfect, perfect chess position.
[42:16.000 --> 42:19.000]  He put in all his arguments.
[42:19.000 --> 42:23.000]  The judge agreed to set a hearing on the validity of the affidavit.
[42:23.000 --> 42:26.000]  The lawyers on the other side tried to raise an objection,
[42:26.000 --> 42:28.000]  said the judge shut him right down.
[42:28.000 --> 42:31.000]  He said, no, we're going to have this hearing.
[42:31.000 --> 42:36.000]  They come out, and the lawyer couldn't believe how well it worked.
[42:36.000 --> 42:39.000]  So they can learn.
[42:39.000 --> 42:42.000]  And you may teach this lawyer a really good lesson,
[42:42.000 --> 42:48.000]  but for her to take a private conversation
[42:48.000 --> 42:53.000]  and bring it into court without your permission, that could get her disbarred.
[42:53.000 --> 42:56.000]  Randy, I'm still beating myself up because I didn't object.
[42:56.000 --> 42:57.000]  I didn't know to.
[42:57.000 --> 43:00.000]  It's been about a year now.
[43:00.000 --> 43:02.000]  You didn't need to know to.
[43:02.000 --> 43:05.000]  Okay, so I didn't need to object in court.
[43:05.000 --> 43:08.000]  If it comes out on the transcripts, if it's written,
[43:08.000 --> 43:10.000]  I've got something to use then, right?
[43:10.000 --> 43:15.000]  Yeah, the best thing you can do when something like that happens
[43:15.000 --> 43:20.000]  is keep your mouth shut and maybe nobody will notice.
[43:20.000 --> 43:25.000]  The last thing you wanted to do was make a big deal of this in the courtroom.
[43:25.000 --> 43:26.000]  Oh.
[43:26.000 --> 43:29.000]  Make it look like it was something important,
[43:29.000 --> 43:32.000]  so you had to sit there and keep your mouth shut.
[43:32.000 --> 43:34.000]  Well, that's what I did.
[43:34.000 --> 43:36.000]  Good, you did it right.
[43:36.000 --> 43:38.000]  Okay, thank you.
[43:38.000 --> 43:40.000]  Keep us up to speed.
[43:40.000 --> 43:42.000]  Randy Kelton, Lula Radio.
[43:42.000 --> 43:46.000]  We'll call you at number 512-646-1984.
[43:46.000 --> 43:49.000]  And somebody needs to call in and ask different questions.
[43:49.000 --> 43:51.000]  She needs to be brought in.
[43:51.000 --> 43:52.000]  We'll get you on here.
[43:52.000 --> 43:54.000]  We don't need whatever.
[43:54.000 --> 43:56.000]  We'll be right back.
[43:56.000 --> 43:58.000]  If she hears that, I'm in trouble.
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[45:04.000 --> 45:07.000]  Win your case without an attorney with Juris Dictionary,
[45:07.000 --> 45:11.000]  the affordable, easy-to-understand 4-CD course
[45:11.000 --> 45:15.000]  that will show you how in 24 hours, step-by-step.
[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
[45:19.000 --> 45:23.000]  If you don't have a lawyer, know what you should do for yourself.
[45:23.000 --> 45:26.000]  Thousands have won with our step-by-step course,
[45:26.000 --> 45:28.000]  and now you can too.
[45:28.000 --> 45:31.000]  Juris Dictionary was created by a licensed attorney
[45:31.000 --> 45:34.000]  with 22 years of case-winning experience.
[45:34.000 --> 45:36.000]  Even if you're not in a lawsuit,
[45:36.000 --> 45:39.000]  you can learn what everyone should understand
[45:39.000 --> 45:41.000]  about the principles and practices
[45:41.000 --> 45:43.000]  that control our American courts.
[45:43.000 --> 45:47.000]  You'll receive our audio classroom, video seminar, tutorials,
[45:47.000 --> 45:52.000]  forms for civil cases, pro se tactics, and much more.
[45:52.000 --> 45:56.000]  Please visit RuleOfLawRadio.com and click on the banner
[45:56.000 --> 46:02.000]  or call toll-free, 866-LAW-EZ.
[46:02.000 --> 46:15.000]  MUSIC
[46:15.000 --> 46:18.000]  If you did not have any problems
[46:18.000 --> 46:20.000]  Where are you gonna go for one?
[46:20.000 --> 46:24.000]  If you could not wait any bout too long
[46:24.000 --> 46:26.000]  Would your purpose have to die?
[46:26.000 --> 46:30.000]  Like a gentleman, a soldier, a warrior of love
[46:30.000 --> 46:32.000]  The land that keeps it peace
[46:32.000 --> 46:35.000]  All they're taking is a misunderstanding
[46:35.000 --> 46:37.000]  Somebody calls the police
[46:37.000 --> 47:01.000]  Why do the sparks fly?
[47:01.000 --> 47:04.000]  The friction is an addiction
[47:04.000 --> 47:08.000]  The hard work can leave you cold as nail
[47:08.000 --> 47:10.000]  Okay, we are back.
[47:10.000 --> 47:12.000]  Randy Kelton, Rule of Law Radio.
[47:12.000 --> 47:16.000]  And we're going to Steve in Washington.
[47:16.000 --> 47:18.000]  Hello, Steve.
[47:18.000 --> 47:21.000]  Hi, Randy. What's up?
[47:21.000 --> 47:23.000]  Oh, doing good.
[47:23.000 --> 47:29.000]  You're still teaching people how to handle the federal courts.
[47:29.000 --> 47:35.000]  Uh, yeah. Well, from what I've seen,
[47:35.000 --> 47:41.000]  it looks like all the attorneys are going, doing removals,
[47:41.000 --> 47:45.000]  or what they're doing is they're filing these cases up there
[47:45.000 --> 47:50.000]  in the federal court, and they call them a draft.
[47:50.000 --> 47:53.000]  And then they do a lot of saber-rattling,
[47:53.000 --> 47:56.000]  and it comes down to where they settle at a court,
[47:56.000 --> 47:59.000]  and then they dismiss it, but it never really goes to trial.
[47:59.000 --> 48:02.000]  I mean, that's what they do.
[48:02.000 --> 48:06.000]  They go up there, do a lot of saber-rattling,
[48:06.000 --> 48:11.000]  settle at a court, and that's what they do.
[48:11.000 --> 48:14.000]  Yes, okay. We understand that.
[48:14.000 --> 48:18.000]  And it took me longer than it should have
[48:18.000 --> 48:24.000]  to make the paradigm shift where I understood that.
[48:24.000 --> 48:26.000]  You know, I say here on the show, you'll never win your case
[48:26.000 --> 48:30.000]  simply because you have the law and the facts on your side.
[48:30.000 --> 48:31.000]  To think so is naive.
[48:31.000 --> 48:34.000]  The courts are corrupt, absolutely corrupt.
[48:34.000 --> 48:37.000]  They're going to rule against you out of hand at every turn.
[48:37.000 --> 48:39.000]  Well, maybe they won't.
[48:39.000 --> 48:44.000]  But you should conduct yourself as if they will.
[48:44.000 --> 48:49.000]  And anymore, I've moved toward the position
[48:49.000 --> 48:52.000]  that it's all about the politics.
[48:52.000 --> 48:56.000]  You'll only win your case if you have the politics on your side,
[48:56.000 --> 49:00.000]  and all politics is local.
[49:00.000 --> 49:06.000]  Steve, have you ever heard me talk about the foresighted chessboard?
[49:06.000 --> 49:11.000]  Yeah, but you did something even more interesting before.
[49:11.000 --> 49:12.000]  Go ahead.
[49:12.000 --> 49:15.000]  That was called poisoning the well.
[49:15.000 --> 49:19.000]  And I've done that before, poisoning the well.
[49:19.000 --> 49:24.000]  And what you do is you bring your complaint up
[49:24.000 --> 49:28.000]  to the highest ranking official.
[49:28.000 --> 49:32.000]  And instead of filing it, you just kind of let it filter down.
[49:32.000 --> 49:36.000]  So by the time you have your action done,
[49:36.000 --> 49:39.000]  you're threatening your action.
[49:39.000 --> 49:44.000]  They decide that, well, I don't think this is going to go too well for me.
[49:44.000 --> 49:49.000]  So they want to make a deal.
[49:49.000 --> 49:54.000]  That's kind of the point of what we've come to.
[49:54.000 --> 49:59.000]  When I consider a case or an action,
[49:59.000 --> 50:02.000]  I talk to a lawyer and they say, oh, you can't win this.
[50:02.000 --> 50:03.000]  You can't win that.
[50:03.000 --> 50:04.000]  Who cares?
[50:04.000 --> 50:07.000]  I don't care what I can win or not.
[50:07.000 --> 50:15.000]  I care what I can cost the other side a lot out of money with.
[50:15.000 --> 50:18.000]  In the end, it's all about the money.
[50:18.000 --> 50:21.000]  The politics and the politics is all about money.
[50:21.000 --> 50:29.000]  So I care about issues I can bring that maybe iffy,
[50:29.000 --> 50:34.000]  I like issues that they haven't seen before because now they have to go do research
[50:34.000 --> 50:37.000]  and lawyers hate to do research.
[50:37.000 --> 50:40.000]  They hate to address issues they haven't addressed before
[50:40.000 --> 50:44.000]  because they're always afraid of making a mistake and getting sanctions by the judge.
[50:44.000 --> 50:47.000]  That's why this lawyer was shaking when he went before the judge
[50:47.000 --> 50:50.000]  because he was concerned he'd make a mistake and get sanctions.
[50:50.000 --> 50:54.000]  So we want to get the lawyer out of his comfort zone.
[50:54.000 --> 50:59.000]  Everything is about let's make a deal.
[50:59.000 --> 51:02.000]  We throw as much stuff as we can in the front.
[51:02.000 --> 51:06.000]  We do our saber rattling and then we go to them and say, look, guys,
[51:06.000 --> 51:10.000]  see, we could adjudicate this for the next 10 years
[51:10.000 --> 51:15.000]  and you're likely to win the case in the end because the judges are corrupt.
[51:15.000 --> 51:17.000]  We understand that.
[51:17.000 --> 51:22.000]  But in the meantime, it's going to cost you a lot of money.
[51:22.000 --> 51:24.000]  It's going to cost us a lot of money.
[51:24.000 --> 51:28.000]  In the end, the only one who's going to win are the lawyers.
[51:28.000 --> 51:31.000]  So let's make a deal.
[51:31.000 --> 51:35.000]  And I tell people when you step in the door,
[51:35.000 --> 51:43.000]  already have written down what an equitable outcome for you would be
[51:43.000 --> 51:46.000]  so you know when you won.
[51:46.000 --> 51:52.000]  And then if you go in for the whole enchilada, good luck on that.
[51:52.000 --> 51:56.000]  But if you go in for a reasonable outcome, good chance you can negotiate to it.
[51:56.000 --> 52:00.000]  That's my story and I'm sticking to it.
[52:00.000 --> 52:04.000]  Well, I've got a very distinct impression from the judges
[52:04.000 --> 52:10.000]  and reading what they have written and what's in the rules
[52:10.000 --> 52:19.000]  that they want the attorneys or the lawyers to make a deal
[52:19.000 --> 52:25.000]  and not get on the docket because they're going to hold the lawyers
[52:25.000 --> 52:28.000]  to their bar standard.
[52:28.000 --> 52:33.000]  If they do, if they do have to come into court
[52:33.000 --> 52:41.000]  and the judge sees that there's not a real justiciable matter,
[52:41.000 --> 52:45.000]  he's going to be very, very upset.
[52:45.000 --> 52:49.000]  The judge wants to go play golf on Saturday.
[52:49.000 --> 52:53.000]  You don't want to be sitting reading pleadings.
[52:53.000 --> 52:57.000]  So one of the first things we're doing now is before we file,
[52:57.000 --> 53:02.000]  I just sent Bank of America, let's forgo,
[53:02.000 --> 53:08.000]  a copy of a quiet title action that I've prepared
[53:08.000 --> 53:12.000]  and I said, look guys, we're prepared to file this quiet title,
[53:12.000 --> 53:14.000]  but we don't want to.
[53:14.000 --> 53:16.000]  We'd rather make a deal.
[53:16.000 --> 53:17.000]  Talk to us.
[53:17.000 --> 53:20.000]  Let's mediate something where we can both come out ahead.
[53:20.000 --> 53:23.000]  Now, they've ignored that.
[53:23.000 --> 53:28.000]  So when we file, we're going to include a request
[53:28.000 --> 53:32.000]  that the judge order mediation.
[53:32.000 --> 53:37.000]  We'll note that we attempted to mediate this issue before filing.
[53:37.000 --> 53:42.000]  The defendant was nonresponsive, so we were forced to file this suit.
[53:42.000 --> 53:44.000]  We know exactly what you're saying.
[53:44.000 --> 53:47.000]  The judge don't want to have to hear these things.
[53:47.000 --> 53:50.000]  And when he reads that complaint,
[53:50.000 --> 53:53.000]  we're saying we tried to mediate this judge.
[53:53.000 --> 53:55.000]  He forced us here.
[53:55.000 --> 53:59.000]  The judge is not going to be happy with counsel.
[53:59.000 --> 54:02.000]  It's all about the politics.
[54:02.000 --> 54:04.000]  He does not want to see them.
[54:04.000 --> 54:10.000]  And the one thing that I know about that is that, you know,
[54:10.000 --> 54:16.000]  usually I've only seen one case, maybe two.
[54:16.000 --> 54:22.000]  I saw a removal and one other case where they just did a little bit.
[54:22.000 --> 54:26.000]  It was only like maybe about six weeks and boom, it was over
[54:26.000 --> 54:33.000]  because you've got about four months and you need to get it out of there
[54:33.000 --> 54:36.000]  because if it goes to trial, you know,
[54:36.000 --> 54:41.000]  the magistrate judge is going to be very unhappy.
[54:41.000 --> 54:43.000]  Exactly.
[54:43.000 --> 54:49.000]  He doesn't want a civilian bringing a lawsuit in
[54:49.000 --> 54:52.000]  with an attorney who won't deal with him
[54:52.000 --> 54:56.000]  or a prosecutor that won't deal with him.
[54:56.000 --> 54:59.000]  He starts getting hot under the collar.
[54:59.000 --> 55:01.000]  And good, that's exactly what we want.
[55:01.000 --> 55:06.000]  We had a woman in Colorado that was complaining about the things
[55:06.000 --> 55:12.000]  the federal judge and the attorneys on the other side were doing,
[55:12.000 --> 55:17.000]  and I said, Brenda, how many bar grievances did you file?
[55:17.000 --> 55:18.000]  Well, I didn't file any.
[55:18.000 --> 55:21.000]  And she said, well, I said, well, why not?
[55:21.000 --> 55:23.000]  Well, I didn't think about it.
[55:23.000 --> 55:24.000]  Well, think about it.
[55:24.000 --> 55:27.000]  How many judicial conduct complaints did you file?
[55:27.000 --> 55:29.000]  I didn't think about that either.
[55:29.000 --> 55:35.000]  She called back two, three months later and 26 bar grievances
[55:35.000 --> 55:39.000]  and I think seven or eight judicial conduct complaints.
[55:39.000 --> 55:46.000]  She said she went into court and the judge said, I'm leaving.
[55:46.000 --> 55:47.000]  This is your courtroom.
[55:47.000 --> 55:50.000]  You can have an afternoon.
[55:50.000 --> 55:53.000]  And he turned to the lawyers on the other side and said,
[55:53.000 --> 56:00.000]  but when I come back tomorrow, you will have made Ms. Burton a deal
[56:00.000 --> 56:03.000]  that she cannot pass up.
[56:03.000 --> 56:07.000]  I do not want to see her in my court again.
[56:07.000 --> 56:13.000]  Do I make myself clear?
[56:13.000 --> 56:18.000]  So that was an extreme, but she got it done.
[56:18.000 --> 56:25.000]  And we hope we can get there more diplomatically,
[56:25.000 --> 56:30.000]  but we're willing to give these guys a walk through the legal system.
[56:30.000 --> 56:33.000]  They won't believe if they don't.
[56:33.000 --> 56:39.000]  Have you heard me talk about the pro se from hell?
[56:39.000 --> 56:46.000]  Oh, you mean me?
[56:46.000 --> 56:49.000]  To Australia to do some seminars.
[56:49.000 --> 56:53.000]  And the first day there, they took me to the high court.
[56:53.000 --> 56:55.000]  That's like their supreme.
[56:55.000 --> 56:58.000]  And they've got this, one of their buddies there has got a hearing
[56:58.000 --> 57:02.000]  and he is grinding on this judge, calling him up.
[57:02.000 --> 57:04.000]  Thief and a scoundrel.
[57:04.000 --> 57:06.000]  Man, we'd never get away with that here.
[57:06.000 --> 57:08.000]  They'd beat us into unconsciousness.
[57:08.000 --> 57:13.000]  And this guy, the judge keeps telling him, Mr. Brown, you need counsel.
[57:13.000 --> 57:17.000]  I don't need counsel, those lousy shysters.
[57:17.000 --> 57:20.000]  He's tried to protect his mother's estate.
[57:20.000 --> 57:24.000]  The judge got flustered and everybody else told me they gave him this guy
[57:24.000 --> 57:27.000]  because he's the meanest, rottenest judge there.
[57:27.000 --> 57:29.000]  He's their hanging judge.
[57:29.000 --> 57:35.000]  The judge finally said, Mr. Brown, you need counsel.
[57:35.000 --> 57:38.000]  I can control counsel.
[57:38.000 --> 57:42.000]  I can't control you.
[57:42.000 --> 57:44.000]  And we all looked at each other.
[57:44.000 --> 57:47.000]  Did we hear what we thought we just heard?
[57:47.000 --> 57:51.000]  But that was exactly the case.
[57:51.000 --> 57:54.000]  Judges hate pro se.
[57:54.000 --> 57:57.000]  They don't hate pro se because they write stupid pleadings.
[57:57.000 --> 58:00.000]  They like that, makes it easy to screw them around.
[58:00.000 --> 58:03.000]  They hate pro se just because every once in a while
[58:03.000 --> 58:06.000]  they come across a pro se from hell.
[58:06.000 --> 58:10.000]  The pro se is in there and he's not dangling by his bar card.
[58:10.000 --> 58:14.000]  And the judge has a problem and he don't like it.
[58:14.000 --> 58:17.000]  Hang on, Randy Kelton, Rule of Law Radio.
[58:17.000 --> 58:21.000]  I'll call that number, 512-646-1984.
[58:21.000 --> 58:24.000]  We do have a full bank of callers tonight.
[58:24.000 --> 58:27.000]  You'll be taking your calls all night.
[58:27.000 --> 58:30.000]  And during this is a top-of-the-hour break,
[58:30.000 --> 58:32.000]  so go look at our sponsors.
[58:32.000 --> 58:35.000]  And when we come back, I want to spend a little time
[58:35.000 --> 58:37.000]  talking about Jewish Dictionary.
[58:37.000 --> 58:40.000]  I don't talk about this enough, and I should.
[58:40.000 --> 58:44.000]  Everybody who has this interest should go through Jewish Dictionary.
[58:44.000 --> 58:47.000]  It'll make this show a lot more understandable.
[58:47.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:56.000]  yet countless readers are frustrated
[58:56.000 --> 58:58.000]  because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
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[59:22.000 --> 59:25.000]  providing an entrance into the riches of the Word
[59:25.000 --> 59:28.000]  beyond what you've ever experienced before.
[59:28.000 --> 59:31.000]  Bibles for America would like to give you a free recovery version
[59:31.000 --> 59:33.000]  simply for the asking.
[59:33.000 --> 59:36.000]  This comprehensive yet compact study Bible is yours
[59:36.000 --> 59:43.000]  just by calling us toll-free at 1-888-551-0102
[59:43.000 --> 59:48.000]  or by ordering online at freestudybible.com.
[59:48.000 --> 59:53.000]  That's freestudybible.com.
[59:53.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:07.000]  The following use flash is brought to you by the Low Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing your daily bulletins for the commodities market.
[01:00:10.000 --> 01:00:14.000]  Today in history, news updates,
[01:00:14.000 --> 01:00:22.000]  and the inside scoop into the tides of the alternatives.
[01:00:22.000 --> 01:00:25.000]  Markets for the 23rd of September, 2015,
[01:00:25.000 --> 01:00:29.000]  opened up with gold at $1,131.37 an ounce,
[01:00:29.000 --> 01:00:31.000]  silver $14.78 an ounce,
[01:00:31.000 --> 01:00:34.000]  Texas crude $45.83 a barrel,
[01:00:34.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $230 U.S. currency.
[01:00:43.000 --> 01:00:46.000]  Today in history, Wednesday, September 23, 1942,
[01:00:46.000 --> 01:00:50.000]  the Manhattan Project commences under direction of U.S. General Leslie Groves.
[01:00:50.000 --> 01:00:53.000]  Its aim? To deliver an atomic bomb.
[01:00:53.000 --> 01:00:56.000]  Led by the United States with the support of the United Kingdom and Canada,
[01:00:56.000 --> 01:01:03.000]  it lasted from 1942 until 1946.
[01:01:03.000 --> 01:01:06.000]  In recent news, the September equinox arrived this morning,
[01:01:06.000 --> 01:01:08.000]  meaning fall is officially here.
[01:01:08.000 --> 01:01:11.000]  Although the fall equinox happens at the same moment worldwide,
[01:01:11.000 --> 01:01:13.000]  clock times will depend on time zones.
[01:01:13.000 --> 01:01:16.000]  For the U.S. time zones, the equinox came at 421 a.m. Eastern Standard Time,
[01:01:16.000 --> 01:01:18.000]  321 Central Standard Time,
[01:01:18.000 --> 01:01:20.000]  221 Mountain Standard Time,
[01:01:20.000 --> 01:01:28.000]  and 121 Pacific Standard Time.
[01:01:28.000 --> 01:01:31.000]  Pope Francis met with President Barack Obama at the White House this morning.
[01:01:31.000 --> 01:01:34.000]  One of the key points mentioned in his speech after Obama made his
[01:01:34.000 --> 01:01:36.000]  was the dedication that we need to have for, quote,
[01:01:36.000 --> 01:01:38.000]  a sustainable and integral development,
[01:01:38.000 --> 01:01:40.000]  for we know that things can change.
[01:01:40.000 --> 01:01:43.000]  Such change demands on our part a serious and responsible recognition
[01:01:43.000 --> 01:01:46.000]  not only of the kind of world we may be leaving to our children,
[01:01:46.000 --> 01:01:50.000]  but also to the millions of people living under a system which has overlooked them.
[01:01:50.000 --> 01:01:52.000]  We know by faith that the Creator does not abandon us.
[01:01:52.000 --> 01:01:56.000]  He never forsakes His loving plan or repents of having created us.
[01:01:56.000 --> 01:02:05.000]  And humanity still has the ability to work together in building our common home.
[01:02:05.000 --> 01:02:08.000]  The e-commerce department said today that the fastest growing economies
[01:02:08.000 --> 01:02:11.000]  in the United States last year were largely found deep in the heart of Texas.
[01:02:11.000 --> 01:02:15.000]  Half of the 16 U.S. metro areas where the economy grew at 6 percent rate or more
[01:02:15.000 --> 01:02:17.000]  last year were all in Texas.
[01:02:17.000 --> 01:02:21.000]  Midland led the way with 24.1 percent advance in gross domestic product,
[01:02:21.000 --> 01:02:25.000]  followed by 11.4 growth in San Angelo, 8.5 increase in Dallas,
[01:02:25.000 --> 01:02:29.000]  6.7 spike in Victoria, and a 6.5 upgrade in Corpus Christi,
[01:02:29.000 --> 01:02:34.000]  6.2 upsize in Tyler, and a 6.1 margin of growth for the Austin Round Rock areas.
[01:02:34.000 --> 01:02:38.000]  The common thing among these regions is energy, natural resources,
[01:02:38.000 --> 01:02:44.000]  and mining, which includes oil and gas extraction.
[01:02:44.000 --> 01:02:47.000]  The Lone Star Lowdown is looking for sponsors to get a product
[01:02:47.000 --> 01:02:49.000]  or a service you'd like to advertise here.
[01:02:49.000 --> 01:02:54.000]  Feel free to give us a call at 210-863-5617.
[01:02:54.000 --> 01:02:58.000]  This has been your Lowdown for September 23, 2015.
[01:02:58.000 --> 01:03:25.000]  Okay, we are back.
[01:03:25.000 --> 01:03:29.000]  We're talking to Steve in Washington.
[01:03:29.000 --> 01:03:32.000]  Steve, do you have a specific question or comment?
[01:03:32.000 --> 01:03:37.000]  Because we've got a full board of callers and we're going to run out of time here.
[01:03:37.000 --> 01:03:46.000]  Yeah, I just wanted to ask you if you realize by now that at the state level
[01:03:46.000 --> 01:03:49.000]  it's just not going to get due process.
[01:03:49.000 --> 01:03:54.000]  You know, you've got to get that paperwork ready to do your removal or whatever.
[01:03:54.000 --> 01:03:57.000]  It's not going to get it there.
[01:03:57.000 --> 01:04:02.000]  Our experience has been variable in that regard.
[01:04:02.000 --> 01:04:07.000]  We have had people get real good hearings in the state court,
[01:04:07.000 --> 01:04:12.000]  and we've had people get good hearings in the Fed,
[01:04:12.000 --> 01:04:19.000]  but most people get screwed in both, especially if they're pro se.
[01:04:19.000 --> 01:04:23.000]  So we assume you're always going to get screwed,
[01:04:23.000 --> 01:04:31.000]  and we stress that the trial court is only for the purpose of setting the record for appeal.
[01:04:31.000 --> 01:04:34.000]  It's important people go in without understanding
[01:04:34.000 --> 01:04:42.000]  so that they don't get so angry and feel so betrayed and mistreated.
[01:04:42.000 --> 01:04:49.000]  We start to get angry and then it becomes about the fight and not the outcomes.
[01:04:49.000 --> 01:04:52.000]  If we assume the court's going to rule against us out of hand at every term,
[01:04:52.000 --> 01:04:59.000]  we're not so disappointed and they're not as able to manipulate us.
[01:04:59.000 --> 01:05:04.000]  So I just assume the court's always going to rule against me.
[01:05:04.000 --> 01:05:07.000]  And that's okay.
[01:05:07.000 --> 01:05:12.000]  What I went in today, or yesterday, and the Sheriff's Department said,
[01:05:12.000 --> 01:05:15.000]  well, we're not going to do anything with your complaint.
[01:05:15.000 --> 01:05:25.000]  You know, I know she expected me to get upset and get righteously indignant and all that.
[01:05:25.000 --> 01:05:28.000]  And I told her, well, I'm sorry to hear that.
[01:05:28.000 --> 01:05:34.000]  I was hoping that you guys wouldn't throw your officers under the bus.
[01:05:34.000 --> 01:05:39.000]  But since you've chosen to do so, I'll just take the next step.
[01:05:39.000 --> 01:05:42.000]  Thank you very much for today.
[01:05:42.000 --> 01:05:46.000]  And she stood there and watched me like she's thinking,
[01:05:46.000 --> 01:05:50.000]  what is going on here that I don't know about?
[01:05:50.000 --> 01:05:54.000]  Well, what went on was, as I walked out of there, walked across the street,
[01:05:54.000 --> 01:06:00.000]  went to the grand jury, got to Bailiff, handed him a set of complaints.
[01:06:00.000 --> 01:06:02.000]  Now he sees me coming.
[01:06:02.000 --> 01:06:06.000]  He just takes them and takes them straight to a grand jury.
[01:06:06.000 --> 01:06:12.000]  So now these cops are on their own, always have something else to do.
[01:06:12.000 --> 01:06:17.000]  If you've got something else to do, that's why I talk about this Tar Baby syndrome.
[01:06:17.000 --> 01:06:20.000]  I've got this little Tar Baby, you want to touch it?
[01:06:20.000 --> 01:06:22.000]  Here, here, touch it, touch it.
[01:06:22.000 --> 01:06:28.000]  And that's them, they touch it by not doing what I'm asking them to do.
[01:06:28.000 --> 01:06:32.000]  Because I only ask them to do what they're required to do, even the judge.
[01:06:32.000 --> 01:06:38.000]  And I really do enjoy landing right in the middle of a judge.
[01:06:38.000 --> 01:06:41.000]  That's exactly why they hate procès.
[01:06:41.000 --> 01:06:47.000]  I was in a JP court and the lawyer next to me, I'm stuffing the code down her throat.
[01:06:47.000 --> 01:06:52.000]  And she got frustrated and finally said, Mr. Kelcom, are you an attorney?
[01:06:52.000 --> 01:06:54.000]  So, no, no, no.
[01:06:54.000 --> 01:06:56.000]  A lot of judges wish I was an attorney.
[01:06:56.000 --> 01:07:03.000]  And to answer your question, I am not here dangling by my bar card.
[01:07:03.000 --> 01:07:07.000]  And the judge knew exactly what I meant.
[01:07:07.000 --> 01:07:09.000]  You mess with me, judge.
[01:07:09.000 --> 01:07:13.000]  I give, you walk through the legal system, you won't believe.
[01:07:13.000 --> 01:07:18.000]  And that's what we want judges to think.
[01:07:18.000 --> 01:07:24.000]  This guy is coming in here and he is setting you up.
[01:07:24.000 --> 01:07:31.000]  Everything he's doing, he is setting you up so he can stand you.
[01:07:31.000 --> 01:07:38.000]  If we go in with that from that perspective, go ahead.
[01:07:38.000 --> 01:07:44.000]  Well, yeah, I've heard a judge say he knew who was going to win their case
[01:07:44.000 --> 01:07:46.000]  just by looking at their paperwork.
[01:07:46.000 --> 01:07:51.000]  He says if the paperwork is all done from start to finish,
[01:07:51.000 --> 01:07:56.000]  he pretty much is going to rule under your favor.
[01:07:56.000 --> 01:08:00.000]  It would be nice if I could find judges in that frame of mind,
[01:08:00.000 --> 01:08:03.000]  but I haven't found them yet.
[01:08:03.000 --> 01:08:07.000]  I find that for the most part, when you walk in the door,
[01:08:07.000 --> 01:08:10.000]  the judge has already made up his mind how he's going to rule.
[01:08:10.000 --> 01:08:15.000]  He don't care what you put in front of him.
[01:08:15.000 --> 01:08:18.000]  So I don't care what he does.
[01:08:18.000 --> 01:08:22.000]  And when you don't care what he does, when you're just setting the record,
[01:08:22.000 --> 01:08:27.000]  he really puts them off because you're not reacting
[01:08:27.000 --> 01:08:30.000]  and responding the way they expect you to.
[01:08:30.000 --> 01:08:32.000]  And it keeps them off balance.
[01:08:32.000 --> 01:08:33.000]  I do need to move along.
[01:08:33.000 --> 01:08:35.000]  I've got a whole board of callers.
[01:08:35.000 --> 01:08:37.000]  Thank you, Steve.
[01:08:37.000 --> 01:08:38.000]  Better if you call in tomorrow night.
[01:08:38.000 --> 01:08:41.000]  We have more time.
[01:08:41.000 --> 01:08:42.000]  Okay.
[01:08:42.000 --> 01:08:43.000]  Okay.
[01:08:43.000 --> 01:08:44.000]  Thank you, Steve.
[01:08:44.000 --> 01:08:47.000]  Now we're going to go to Michael in Texas.
[01:08:47.000 --> 01:08:50.000]  Hello, Michael.
[01:08:50.000 --> 01:08:51.000]  Yes, hi.
[01:08:51.000 --> 01:08:55.000]  So if I could possibly squeeze in three questions, I'd like to,
[01:08:55.000 --> 01:08:56.000]  but if not, that's fine.
[01:08:56.000 --> 01:09:00.000]  The first, hopefully, is kind of a yes-no question,
[01:09:00.000 --> 01:09:07.000]  and that is some time ago you presented on Eddie's show
[01:09:07.000 --> 01:09:16.000]  the matter of being kind of tricked into agreeing to appear before a magistrate
[01:09:16.000 --> 01:09:20.000]  when, in fact, you end up appearing before a judge, at least the way they do it.
[01:09:20.000 --> 01:09:26.000]  Has that theory, that concept, that approach, that idea blossomed at all
[01:09:26.000 --> 01:09:29.000]  or matured in any way worth reporting on?
[01:09:29.000 --> 01:09:33.000]  This is one that I'm just now working on.
[01:09:33.000 --> 01:09:39.000]  I stayed away from the traffic side because Eddie had on that part.
[01:09:39.000 --> 01:09:40.000]  Of course.
[01:09:40.000 --> 01:09:44.000]  And I've always had my hands full, but I had an employee who had a ticket,
[01:09:44.000 --> 01:09:47.000]  and I went down and I looked at what went on,
[01:09:47.000 --> 01:09:50.000]  and it finally just occurred to me that, you know,
[01:09:50.000 --> 01:09:56.000]  I'd always raised the issue about always demanding an examining trial,
[01:09:56.000 --> 01:10:01.000]  but just how to go about addressing when they don't,
[01:10:01.000 --> 01:10:07.000]  I'd normally have been going after them for official misconduct,
[01:10:07.000 --> 01:10:16.000]  but there was a more serious issue that I had to work on first
[01:10:16.000 --> 01:10:21.000]  because every public official in a position to take your complaints,
[01:10:21.000 --> 01:10:23.000]  they all refused.
[01:10:23.000 --> 01:10:26.000]  And we've been working out these procedures
[01:10:26.000 --> 01:10:32.000]  to make their lives more professionally difficult when they refuse.
[01:10:32.000 --> 01:10:38.000]  And finally, at least in this part of North Texas,
[01:10:38.000 --> 01:10:43.000]  I'm getting some doors wide open.
[01:10:43.000 --> 01:10:48.000]  In Tarrant County, I can take a complaint directly to the grand jury.
[01:10:48.000 --> 01:10:55.000]  So now we go down and file against the first municipal judge
[01:10:55.000 --> 01:10:58.000]  with the second municipal judge,
[01:10:58.000 --> 01:11:04.000]  and then I go to the grand jury with a complaint against the second municipal judge.
[01:11:04.000 --> 01:11:10.000]  Now what's going to happen is the grand jury is going to talk to the prosecutor
[01:11:10.000 --> 01:11:12.000]  and ask him about this,
[01:11:12.000 --> 01:11:17.000]  and the prosecutor will have their investigators contact this judge
[01:11:17.000 --> 01:11:20.000]  to find out what's going on.
[01:11:20.000 --> 01:11:26.000]  And when the judge gets a call from the prosecutor's investigator
[01:11:26.000 --> 01:11:34.000]  to find out what's going on because there are complaints against him before a grand jury,
[01:11:34.000 --> 01:11:37.000]  we got the judge's attention.
[01:11:37.000 --> 01:11:40.000]  So I have that door open.
[01:11:40.000 --> 01:11:44.000]  And to ask have we had effect?
[01:11:44.000 --> 01:11:45.000]  Yes, we've had effect.
[01:11:45.000 --> 01:11:47.000]  Have I gotten anybody indicted?
[01:11:47.000 --> 01:11:50.000]  No.
[01:11:50.000 --> 01:11:53.000]  And I don't want anybody indicted.
[01:11:53.000 --> 01:11:56.000]  That's not how we fix it.
[01:11:56.000 --> 01:11:59.000]  We fix it by the threat of indictment.
[01:11:59.000 --> 01:12:06.000]  We fix it by a public official acting incautiously
[01:12:06.000 --> 01:12:10.000]  and then find himself faced with a grand jury.
[01:12:10.000 --> 01:12:13.000]  And when he dodges that bullet,
[01:12:13.000 --> 01:12:16.000]  he's not going to want to go back there.
[01:12:16.000 --> 01:12:18.000]  And he's going to tell everybody else,
[01:12:18.000 --> 01:12:20.000]  you don't want to go there either.
[01:12:20.000 --> 01:12:25.000]  About five years ago, I put all of the judges of the Court of Criminal Appeals
[01:12:25.000 --> 01:12:27.000]  in front of a grand jury.
[01:12:27.000 --> 01:12:30.000]  Well, I didn't do that.
[01:12:30.000 --> 01:12:33.000]  Ron Earl did that.
[01:12:33.000 --> 01:12:38.000]  25-year district attorney, retiring.
[01:12:38.000 --> 01:12:40.000]  He's a Democrat.
[01:12:40.000 --> 01:12:45.000]  All 15 judges of the Court of Criminal Appeals were Republicans.
[01:12:45.000 --> 01:12:48.000]  He used my complaint to try to take them out.
[01:12:48.000 --> 01:12:54.000]  I filed my complaint the first day the grand jury took office.
[01:12:54.000 --> 01:12:57.000]  They no-billed it on their last day in office.
[01:12:57.000 --> 01:13:01.000]  So all 15 of these judges sat there for three months,
[01:13:01.000 --> 01:13:06.000]  wondering if a grand jury was going to end their career or not.
[01:13:06.000 --> 01:13:11.000]  The problem that I raised the complaint about,
[01:13:11.000 --> 01:13:14.000]  that doesn't happen anymore in Texas.
[01:13:14.000 --> 01:13:19.000]  File a writ of habeas corpus, they demanded a motion for leave to file,
[01:13:19.000 --> 01:13:21.000]  and they would deny the motion for leave to file.
[01:13:21.000 --> 01:13:23.000]  That's what they did with me.
[01:13:23.000 --> 01:13:27.000]  So I claimed that they exerted or purported the exerted authority they did not have,
[01:13:27.000 --> 01:13:31.000]  and in the process denied me full free access to or enjoyment of a right.
[01:13:31.000 --> 01:13:35.000]  It was really technical, minor little thing,
[01:13:35.000 --> 01:13:39.000]  but it threatened their careers.
[01:13:39.000 --> 01:13:42.000]  They didn't like playing Russian roulette.
[01:13:42.000 --> 01:13:45.000]  You file a habeas corpus with the Court of Criminal Appeals,
[01:13:45.000 --> 01:13:50.000]  you're not going to get any nonsense about a motion for leave to file.
[01:13:50.000 --> 01:13:53.000]  That's what we're here for.
[01:13:53.000 --> 01:13:55.000]  That's why we do this.
[01:13:55.000 --> 01:13:58.000]  We want them to change their behavior.
[01:13:58.000 --> 01:14:02.000]  Does that make sense, Michael?
[01:14:02.000 --> 01:14:03.000]  Yes, sir.
[01:14:03.000 --> 01:14:06.000]  Can I move on to question number two?
[01:14:06.000 --> 01:14:10.000]  Yes, you can.
[01:14:10.000 --> 01:14:20.000]  The question is, on a recent program, I believe it was on August 28,
[01:14:20.000 --> 01:14:30.000]  you started to walk down a scenario in which if somebody had closed on their house
[01:14:30.000 --> 01:14:36.000]  but they were not advised in the lead up to the closing or at closing table
[01:14:36.000 --> 01:14:40.000]  about the fees that were being charged were not otherwise forbidden,
[01:14:40.000 --> 01:14:45.000]  the fees were for services actually rendered, etc., etc.,
[01:14:45.000 --> 01:14:47.000]  a variety of different things,
[01:14:47.000 --> 01:14:54.000]  that you might then have the basis for filing trouble damages
[01:14:54.000 --> 01:14:57.000]  once you calculate the numbers,
[01:14:57.000 --> 01:15:02.000]  that you have reason to believe something or some fees or something was done was improper.
[01:15:02.000 --> 01:15:11.000]  I guess what I'm asking is, is that something that as part of your professional portfolio of services
[01:15:11.000 --> 01:15:14.000]  that you still do advisements on those type of things?
[01:15:14.000 --> 01:15:17.000]  I know you used to do and possibly still do.
[01:15:17.000 --> 01:15:19.000]  Yes, I do.
[01:15:19.000 --> 01:15:22.000]  I don't do a lot of it, but yes, I do.
[01:15:22.000 --> 01:15:25.000]  I have the tools to prepare all that with.
[01:15:25.000 --> 01:15:32.000]  I have a spreadsheet that's been six months building to crunch these numbers.
[01:15:32.000 --> 01:15:34.000]  Okay.
[01:15:34.000 --> 01:15:39.000]  And I guess the most...
[01:15:39.000 --> 01:15:43.000]  Wait, wait, Michael, I'm having a terrible time understanding you.
[01:15:43.000 --> 01:15:47.000]  You're in and out and are you moving around?
[01:15:47.000 --> 01:15:49.000]  Try to stay the same distance from the mic.
[01:15:49.000 --> 01:15:56.000]  Are you saying that they have an obligation on their boss to provide them with the right information?
[01:15:56.000 --> 01:15:57.000]  Wait a minute.
[01:15:57.000 --> 01:15:58.000]  I think something's wrong with your connection.
[01:15:58.000 --> 01:16:01.000]  I can barely hear you and it sounds like you're in a well.
[01:16:01.000 --> 01:16:09.000]  If you want me to look at your loan issue, send me an email.
[01:16:09.000 --> 01:16:18.000]  Send it to Randy, R-E-N-D-Y, at ruleoflawradio.com.
[01:16:18.000 --> 01:16:20.000]  Okay.
[01:16:20.000 --> 01:16:26.000]  It's best if you put the subject line in all caps.
[01:16:26.000 --> 01:16:31.000]  I get a lot of emails and that way I won't miss it.
[01:16:31.000 --> 01:16:33.000]  Oh, okay.
[01:16:33.000 --> 01:16:36.000]  Okay, we can do all of this offline.
[01:16:36.000 --> 01:16:37.000]  Okay.
[01:16:37.000 --> 01:16:38.000]  Okay.
[01:16:38.000 --> 01:16:39.000]  We have a question on the other side.
[01:16:39.000 --> 01:16:40.000]  Real quick.
[01:16:40.000 --> 01:16:41.000]  Okay.
[01:16:41.000 --> 01:16:42.000]  Randy Kelton, ruleoflawradio.
[01:16:42.000 --> 01:16:48.000]  I call the number, 512-646-1984, and while we're on break, go ahead and look at our sponsors.
[01:16:48.000 --> 01:16:50.000]  We really need a real income.
[01:16:50.000 --> 01:16:54.000]  We've got some upgrades to do and we'll use all the help we can get.
[01:16:54.000 --> 01:17:00.000]  We'll be right back.
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[01:17:49.000 --> 01:18:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:25.000 --> 01:19:31.000]  Okay, we are back into Kelton with our radio, and we're talking to Michael in Texas.
[01:19:31.000 --> 01:19:34.000]  So Michael, you had one more question.
[01:19:34.000 --> 01:19:36.000]  Yes, sir. Yes, sir.
[01:19:36.000 --> 01:19:40.000]  By the way, before I move on to that third question, I didn't quite hear your answer.
[01:19:40.000 --> 01:19:48.000]  Are they required to do that at closing or before closing to give you a list of assertions that the fees were legal and appropriate and all that?
[01:19:48.000 --> 01:19:52.000]  No, they're not required to.
[01:19:52.000 --> 01:20:04.000]  So what would keep them from just saying, oh, you know, why do you think that, you know, that forms the basis of assuming that we charge you something?
[01:20:04.000 --> 01:20:09.000]  You're just making, you know, what does that claim they say of law, you cannot prove a negative?
[01:20:09.000 --> 01:20:21.000]  No, it goes to if you make a proactive statement and I challenge it, then you're obligated to prove up your statement.
[01:20:21.000 --> 01:20:27.000]  You come to me and tell me I owe you money.
[01:20:27.000 --> 01:20:36.000]  If I trust you implicitly, I'm not likely to check your research, check your numbers.
[01:20:36.000 --> 01:20:46.000]  But subsequent to the housing crisis and the foreclosure crisis and all the revelations that come out, I don't want to trust you.
[01:20:46.000 --> 01:20:59.000]  Now I want you to show me that those amounts you charged me on the HUD-1 settlement statement, I want you to prove up that they were actually valid because of the Real Estate Settlement Procedures Act.
[01:20:59.000 --> 01:21:03.000]  And it says it lists what you can charge me and what you can't charge me.
[01:21:03.000 --> 01:21:10.000]  And I see some of these charges on here and they appear to be charges that are forbidden to be charged.
[01:21:10.000 --> 01:21:15.000]  So I want you to prove them all up.
[01:21:15.000 --> 01:21:17.000]  Okay.
[01:21:17.000 --> 01:21:24.000]  Well, see, they don't have a duty to, but then I can sue them claiming that they're fraudulent.
[01:21:24.000 --> 01:21:29.000]  And then in court, in order to win their case, they have to prove them up.
[01:21:29.000 --> 01:21:31.000]  And here's their problem.
[01:21:31.000 --> 01:21:34.000]  The problem is they can't prove them up.
[01:21:34.000 --> 01:21:36.000]  Okay, I appreciate all that.
[01:21:36.000 --> 01:21:37.000]  Let me just move on to the last one.
[01:21:37.000 --> 01:21:45.000]  The last one is kind of an unusual one, and this doesn't really involve legal reform or anything of that sort.
[01:21:45.000 --> 01:22:00.000]  It's just like we just discovered by getting some work done on our home that apparently there's some type of layer or film of some sort that's supposed to be between the roof of the house and the shingles, I believe,
[01:22:00.000 --> 01:22:09.000]  that extends in such a manner that when the rain's falling off your roof, it goes into the gutter and not in between the gutter and the...
[01:22:09.000 --> 01:22:11.000]  Flashing, corner flashing.
[01:22:11.000 --> 01:22:12.000]  Sorry?
[01:22:12.000 --> 01:22:13.000]  Yes, okay, the flashing.
[01:22:13.000 --> 01:22:20.000]  So apparently that's grossly missing, like either completely missing throughout the home or, you know, missing on large portions.
[01:22:20.000 --> 01:22:32.000]  And I was wondering under those circumstances, since we had a professional home inspection done, whether the smartest way to approach this would be to approach, you know,
[01:22:32.000 --> 01:22:42.000]  I'm just trying to think of the best way without seeming to be overreacting to do this methodically in a manner that if there is, you know,
[01:22:42.000 --> 01:22:55.000]  if there was some negligence on anybody's part, such as the inspector, that it can be, you know, it can be shown that, you know, we didn't jump up and down about it or do things out of turn.
[01:22:55.000 --> 01:22:57.000]  Things are done decently in order to...
[01:22:57.000 --> 01:23:02.000]  This could be a really big deal, but no corner flashing.
[01:23:02.000 --> 01:23:06.000]  You're going to get water running down along the edge of the building.
[01:23:06.000 --> 01:23:10.000]  Do you have siding on this property?
[01:23:10.000 --> 01:23:13.000]  It's a brick home.
[01:23:13.000 --> 01:23:14.000]  Oh, it's a brick.
[01:23:14.000 --> 01:23:15.000]  You won't have much problem.
[01:23:15.000 --> 01:23:25.000]  If there was siding and no flashing, the water run down behind the siding, rot the building out from behind, and you can't see it.
[01:23:25.000 --> 01:23:32.000]  But the eaves, the soffits and fascia are going to deteriorate because it'll let the water...
[01:23:32.000 --> 01:23:40.000]  Well, you put the fascia, the facial board, the one you see from the outside, it nails on.
[01:23:40.000 --> 01:23:47.000]  And between that board and the roof plate, there is a seam.
[01:23:47.000 --> 01:23:51.000]  And without the flashing, it'll run down in that seam and down into your roof.
[01:23:51.000 --> 01:23:56.000]  So not having that corner flashing is a pretty big deal.
[01:23:56.000 --> 01:24:08.000]  So if you had an inspector inspect the home and he didn't find it, he has errors in emissions policies for that purpose.
[01:24:08.000 --> 01:24:14.000]  And that would be required to be revealed by the real estate agent.
[01:24:14.000 --> 01:24:18.000]  This is a full disclosure state.
[01:24:18.000 --> 01:24:24.000]  If you had a roof that was improperly installed and it wasn't revealed to you,
[01:24:24.000 --> 01:24:29.000]  the real estate agent can't say, oh, well, I didn't know about it.
[01:24:29.000 --> 01:24:32.000]  It's their duty to know about it.
[01:24:32.000 --> 01:24:34.000]  So you...
[01:24:34.000 --> 01:24:42.000]  And especially if you paid for a professional home inspector, you should address that with the home inspector.
[01:24:42.000 --> 01:24:43.000]  Okay.
[01:24:43.000 --> 01:24:46.000]  There were no realtors involved in this entire transaction.
[01:24:46.000 --> 01:24:50.000]  Both the seller and we, the buyers, did the whole thing without any realtors, just so you know.
[01:24:50.000 --> 01:24:51.000]  Oh, okay.
[01:24:51.000 --> 01:24:59.000]  Then you need to go back to the seller and raise the issue with the seller under non-disclosure.
[01:24:59.000 --> 01:25:01.000]  They had a duty to disclose that.
[01:25:01.000 --> 01:25:06.000]  Even if they didn't know it was there, they had a duty to figure out that that was the problem.
[01:25:06.000 --> 01:25:13.000]  See, they may have had the roof put on and their roofer didn't put the flashing in and they don't even know about it.
[01:25:13.000 --> 01:25:17.000]  So you're raising issues, most likely won't harm them anyway.
[01:25:17.000 --> 01:25:22.000]  They'll go to the roofer and bring this up with the roofer and have them...
[01:25:22.000 --> 01:25:31.000]  You need someone else to come and look at your softets and fascia and see if they have deterioration because of the lack of flashing.
[01:25:31.000 --> 01:25:34.000]  Oh, there's already fascia board deterioration.
[01:25:34.000 --> 01:25:41.000]  They did note it on the inspection, but they did not draw any kind of conclusions about, oh, and by the way, you know,
[01:25:41.000 --> 01:25:45.000]  they didn't give full disclosure on what might have caused it.
[01:25:45.000 --> 01:25:47.000]  They just pointed it out.
[01:25:47.000 --> 01:25:49.000]  Okay, then.
[01:25:49.000 --> 01:25:55.000]  The lack of corner flashing is that's something they should have noticed.
[01:25:55.000 --> 01:26:05.000]  When they saw fascia board deterioration, the first question should have come to mind is why did that fascia board deteriorate?
[01:26:05.000 --> 01:26:11.000]  So that was a failure on part of the inspector.
[01:26:11.000 --> 01:26:15.000]  So bring it up to them. This is full disclosure.
[01:26:15.000 --> 01:26:24.000]  They have a duty to disclose that, and if they paid a roofer to do the job and he didn't do it right, they'd go back to him.
[01:26:24.000 --> 01:26:28.000]  Then that would be done just by denying a tort letter or anything that would just be...
[01:26:28.000 --> 01:26:30.000]  I mean, how would you go about it if it was...
[01:26:30.000 --> 01:26:35.000]  A tort letter is just a letter noticing them that you have this issue.
[01:26:35.000 --> 01:26:38.000]  It doesn't have to be threatening or anything.
[01:26:38.000 --> 01:26:48.000]  But a letter noting that they have this issue that was undisclosed and you suspect that they had a roofer do the job
[01:26:48.000 --> 01:26:56.000]  and the roofer didn't do a proper job and would get them to ask the roofer to come out and make it good.
[01:26:56.000 --> 01:27:02.000]  So you could assume that they didn't do anything wrong, that they just didn't know about it.
[01:27:02.000 --> 01:27:08.000]  But you do need to bring it to their attention, and then if they don't do something, then you can move to a tort letter.
[01:27:08.000 --> 01:27:14.000]  Okay. That may be a little bit tricky as far as the seller because we're on very good terms with them for the most part.
[01:27:14.000 --> 01:27:16.000]  I mean, but okay, well...
[01:27:16.000 --> 01:27:18.000]  Well, it depends.
[01:27:18.000 --> 01:27:22.000]  Putting in the corner flashing is not very difficult at all.
[01:27:22.000 --> 01:27:26.000]  You might just have somebody come and put it in.
[01:27:26.000 --> 01:27:31.000]  If you don't want to have the issue with someone with whom you're on good terms,
[01:27:31.000 --> 01:27:35.000]  but you check with them first because if they paid to have this done,
[01:27:35.000 --> 01:27:39.000]  then they can go back to the roofer and get him to come and do it.
[01:27:39.000 --> 01:27:48.000]  And I can't see them faulting you for wanting this problem fixed.
[01:27:48.000 --> 01:27:51.000]  Well, thank you very much, Ryan.
[01:27:51.000 --> 01:27:53.000]  You are most welcome.
[01:27:53.000 --> 01:27:56.000]  Okay. Now we're going to go to Charles in Georgia.
[01:27:56.000 --> 01:27:58.000]  Hello, Charles.
[01:27:58.000 --> 01:28:01.000]  What do you have for us tonight?
[01:28:01.000 --> 01:28:05.000]  Well, I asked you a question on Friday about a friend at the court.
[01:28:05.000 --> 01:28:07.000]  I don't know if you remember me or not.
[01:28:07.000 --> 01:28:14.000]  Yes. Amicus Curiae.
[01:28:14.000 --> 01:28:16.000]  Yep. So...
[01:28:16.000 --> 01:28:18.000]  Go ahead.
[01:28:18.000 --> 01:28:25.000]  What it boils down to is there's a family issue here.
[01:28:25.000 --> 01:28:30.000]  Well, not necessarily a family, but there's an issue in the family court
[01:28:30.000 --> 01:28:37.000]  in which I guess there were some proceedings that took place without my knowledge.
[01:28:37.000 --> 01:28:40.000]  Never got any certified things in the mail.
[01:28:40.000 --> 01:28:43.000]  I did get a regular thing in the mail telling me to come down
[01:28:43.000 --> 01:28:48.000]  and take a DNA test for paternity.
[01:28:48.000 --> 01:28:52.000]  So I got that, but that's the only thing I've gotten.
[01:28:52.000 --> 01:28:55.000]  And I'm trying to figure out since they have this letter telling me to go down
[01:28:55.000 --> 01:29:00.000]  and take this test, I'm thinking that there must have been some kind of procedure.
[01:29:00.000 --> 01:29:06.000]  There must have been some kind of hearing without my knowledge.
[01:29:06.000 --> 01:29:14.000]  Have you went and looked in the court record to see what's there?
[01:29:14.000 --> 01:29:16.000]  Not since I've gotten this letter.
[01:29:16.000 --> 01:29:18.000]  I haven't got a chance to look in for the record.
[01:29:18.000 --> 01:29:22.000]  The record is actually a Michigan record, and I'm here in Georgia.
[01:29:22.000 --> 01:29:25.000]  So now I'm going to have to call...
[01:29:25.000 --> 01:29:33.000]  Do you know anybody in Michigan who can go look in the record?
[01:29:33.000 --> 01:29:36.000]  Not who's competent like I am.
[01:29:36.000 --> 01:29:38.000]  Okay. Well, they don't really need to be competent.
[01:29:38.000 --> 01:29:40.000]  We'll pick this up on the other side.
[01:29:40.000 --> 01:29:42.000]  We're in the Kelton-Rudderall radio.
[01:29:42.000 --> 01:29:46.000]  I call it number 512-646-1984.
[01:29:46.000 --> 01:29:48.000]  I started not to give the call-in number
[01:29:48.000 --> 01:29:50.000]  because we've got a pretty rough old board here,
[01:29:50.000 --> 01:29:53.000]  and we've only got a couple seconds to pick myself up.
[01:29:53.000 --> 01:30:02.000]  Okay. We'll be right back.
[01:30:02.000 --> 01:30:06.000]  The next time the doctor asks you how you feel, ask him the same question.
[01:30:06.000 --> 01:30:07.000]  Why?
[01:30:07.000 --> 01:30:10.000]  New research shows unhappy doctors perform differently
[01:30:10.000 --> 01:30:12.000]  than their contented counterparts.
[01:30:12.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht with details in a moment.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:23.000]  And once your privacy is gone,
[01:30:23.000 --> 01:30:26.000]  you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:29.000]  So protect your rights, say no to surveillance,
[01:30:29.000 --> 01:30:31.000]  and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:37.000]  This message is brought to you by StartPage.com,
[01:30:37.000 --> 01:30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.000 --> 01:30:44.000]  Start over with StartPage.
[01:30:44.000 --> 01:30:47.000]  We've long suspected it, and now a new study confirms it.
[01:30:47.000 --> 01:30:52.000]  A doctor's mood impacts their professional behavior towards patients.
[01:30:52.000 --> 01:30:56.000]  A survey of nearly 200 Israeli physicians found that on bad mood days,
[01:30:56.000 --> 01:30:59.000]  doctors spent less time talking with patients,
[01:30:59.000 --> 01:31:01.000]  wrote more prescriptions, ordered more tests,
[01:31:01.000 --> 01:31:04.000]  and issued more referrals, often unnecessarily.
[01:31:04.000 --> 01:31:07.000]  All of this, of course, leads to higher healthcare costs.
[01:31:07.000 --> 01:31:10.000]  But when the doctors were in a good mood and felt less burnouts,
[01:31:10.000 --> 01:31:12.000]  they consulted more with patients,
[01:31:12.000 --> 01:31:15.000]  diagnosed their conditions with fewer tests,
[01:31:15.000 --> 01:31:18.000]  and prescribed less expensive medicines.
[01:31:18.000 --> 01:31:22.000]  Let's see, less caregiver stress, less burnout, and better patient care?
[01:31:22.000 --> 01:31:24.000]  Sounds like just what the doctor ordered.
[01:31:24.000 --> 01:31:27.000]  I'm Dr. Catherine Albrecht for StartPage.com,
[01:31:27.000 --> 01:31:31.000]  the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:44.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.000 --> 01:31:47.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:47.000 --> 01:31:50.000]  Thousands of my fellow first responders are dying.
[01:31:50.000 --> 01:31:51.000]  I'm not a conspiracy theorist.
[01:31:51.000 --> 01:31:52.000]  I'm a structural engineer.
[01:31:52.000 --> 01:31:53.000]  I'm a New York City correction officer.
[01:31:53.000 --> 01:31:54.000]  I'm an Air Force pilot.
[01:31:54.000 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:59.000]  We're Americans, and we deserve the truth.
[01:31:59.000 --> 01:32:02.000]  Go to RememberBuilding7.org today.
[01:32:02.000 --> 01:32:04.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:04.000 --> 01:32:07.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.000 --> 01:32:10.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:10.000 --> 01:32:12.000]  but good luck getting them to pay for it.
[01:32:12.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails,
[01:32:14.000 --> 01:32:15.000]  but I'm serious about your roof.
[01:32:15.000 --> 01:32:17.000]  That's why you have insurance,
[01:32:17.000 --> 01:32:20.000]  and Hill Country Home Improvements can handle the claim for you
[01:32:20.000 --> 01:32:22.000]  with little to no out-of-pocket expense.
[01:32:22.000 --> 01:32:26.000]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau
[01:32:26.000 --> 01:32:28.000]  with zero complaints.
[01:32:28.000 --> 01:32:31.000]  You can trust Hill Country Home Improvements to handle your claim
[01:32:31.000 --> 01:32:33.000]  and your roof right the first time.
[01:32:33.000 --> 01:32:39.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:39.000 --> 01:32:41.000]  Mention the crypto show and get $100 off,
[01:32:41.000 --> 01:32:44.000]  and we'll donate another $100 to the Logos Radio Network
[01:32:44.000 --> 01:32:46.000]  to help continue this programming.
[01:32:46.000 --> 01:32:51.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.000 --> 01:32:57.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:03.000]  May not actually be kidding about chemtrails.
[01:33:03.000 --> 01:33:05.000]  You are listening to the Logos Radio Network,
[01:33:05.000 --> 01:33:13.000]  logosradionetwork.com.
[01:33:13.000 --> 01:33:32.000]  Yeah, who you want to chip? Who you take me for? Free to leave? Who you want to chip? Me no free to leave. You can't chip me. Oh, I'm sorry.
[01:33:32.000 --> 01:33:42.000]  Chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in on me, chip in on your baby, chip in on your family, whole family.
[01:33:42.000 --> 01:33:46.000]  Chip in on your dad and the cat around me, chip in on the beef and you still go eat it.
[01:33:46.000 --> 01:33:53.000]  Hey, we are back. Randy Felton, the Wheel of the Law Radio, and we're having way too much fun on the breaks.
[01:33:53.000 --> 01:33:58.000]  We're talking to Charles in Georgia.
[01:33:58.000 --> 01:34:01.000]  There we go. Now you are unmuted, Charles.
[01:34:01.000 --> 01:34:09.000]  Okay. You're in Georgia. The family court you're dealing with is in Michigan.
[01:34:09.000 --> 01:34:25.000]  And if you have a cause number, most jurisdictions have the cases online where you can go in and see the case and make copies online.
[01:34:25.000 --> 01:34:34.000]  You should check and see if you can do that. You don't know what's going on if you don't know what's in the record.
[01:34:34.000 --> 01:34:44.000]  Right. Okay. Now, if you have had, if they have filed something in the record and you haven't been noticed,
[01:34:44.000 --> 01:34:51.000]  of all of the things that will get turned over, that's the one that will get overturned first.
[01:34:51.000 --> 01:34:58.000]  Because the courts don't want you to lose your case by bushwhack.
[01:34:58.000 --> 01:35:05.000]  They want you to have an opportunity to address your concerns.
[01:35:05.000 --> 01:35:13.000]  And any time they enter a ruling that's default, 75% of all default judgments get overturned.
[01:35:13.000 --> 01:35:18.000]  And the vast majority of those get overturned for lack of notice.
[01:35:18.000 --> 01:35:30.000]  So if you see documents in there that you didn't know about, and those documents like, if they're motions that lead to an order,
[01:35:30.000 --> 01:35:38.000]  then you file a motion to reconsider based on lack of notice.
[01:35:38.000 --> 01:35:48.000]  And the lack of notice, you'll have time, so generally you only have a certain amount of time to object to an issue,
[01:35:48.000 --> 01:35:52.000]  but you can't object within that time if you didn't know it occurred.
[01:35:52.000 --> 01:35:56.000]  So first thing you need to do is see what's in the record.
[01:35:56.000 --> 01:36:01.000]  You have no idea what's going on until you actually see what's been filed and what hasn't.
[01:36:01.000 --> 01:36:06.000]  And then if something's been filed, look at the certificate of service.
[01:36:06.000 --> 01:36:09.000]  See if it has a certificate of service.
[01:36:09.000 --> 01:36:18.000]  And if it does have one, they will generally say that the document was sent by regular and certified mail.
[01:36:18.000 --> 01:36:24.000]  Look to see if there's a certified mail number on the certificate of service.
[01:36:24.000 --> 01:36:26.000]  I just looked at some yesterday.
[01:36:26.000 --> 01:36:31.000]  The first mailing had a cert number on it.
[01:36:31.000 --> 01:36:36.000]  A year later, they mailed documents. They didn't have the certification number on there.
[01:36:36.000 --> 01:36:40.000]  And the client said she never got those documents.
[01:36:40.000 --> 01:36:46.000]  So now you go back and challenge that certificate of service, claim you never got it,
[01:36:46.000 --> 01:36:52.000]  and then the lawyer is going to have to come up with that certified mail number.
[01:36:52.000 --> 01:36:57.000]  And when he comes up with the certified mail number, you can check that with the postal service.
[01:36:57.000 --> 01:37:04.000]  If he didn't actually do the mailing, he's going to have himself a problem.
[01:37:04.000 --> 01:37:08.000]  And this is a common tactic.
[01:37:08.000 --> 01:37:14.000]  If they think there's someone who can't adjudicate his own issue, who don't know any better,
[01:37:14.000 --> 01:37:16.000]  they'll pull this kind of nonsense.
[01:37:16.000 --> 01:37:24.000]  So first thing before we can really say what's going on is we need to know what's in the record.
[01:37:24.000 --> 01:37:27.000]  Right, right. I'll do that.
[01:37:27.000 --> 01:37:33.000]  And what I'll do is I'll call you tomorrow for tomorrow's show so you can have a little bit more time.
[01:37:33.000 --> 01:37:35.000]  That'll work.
[01:37:35.000 --> 01:37:39.000]  Okay.
[01:37:39.000 --> 01:37:40.000]  Okay, good.
[01:37:40.000 --> 01:37:46.000]  Call us back tomorrow and once you have the document, once you know what's in the record, and then we'll talk.
[01:37:46.000 --> 01:37:47.000]  Thank you, Charles.
[01:37:47.000 --> 01:37:49.000]  Now we're going to go to Kenneth in Arizona.
[01:37:49.000 --> 01:37:52.000]  Hello, Kenneth.
[01:37:52.000 --> 01:37:54.000]  Hello, Mr. Justin. How are you?
[01:37:54.000 --> 01:37:55.000]  I am good.
[01:37:55.000 --> 01:37:58.000]  What do you have for us tonight?
[01:37:58.000 --> 01:37:59.000]  Okay.
[01:37:59.000 --> 01:38:07.000]  This deals with Title 28 of the Arizona Revised Statutes, which is the transportation code.
[01:38:07.000 --> 01:38:15.000]  I was pulled over for a headlight being out and I realized, of course, that it's a transportation code
[01:38:15.000 --> 01:38:22.000]  and it deals with motor vehicles, which are used for transportation of people and goods,
[01:38:22.000 --> 01:38:26.000]  and for the furtherance of a commercial enterprise.
[01:38:26.000 --> 01:38:29.000]  Well, I was not engaged in anything like that.
[01:38:29.000 --> 01:38:31.000]  I was just traveling.
[01:38:31.000 --> 01:38:42.000]  Well, long story short, I was at a pre-trial hearing and the judge said, well, it was after trial,
[01:38:42.000 --> 01:38:55.000]  and the judge said that I was not to possess alcohol or deadly weapons and I was not to drive a motor vehicle.
[01:38:55.000 --> 01:39:04.000]  The question is, what do you think of the idea of filing a motion to clarify the court order
[01:39:04.000 --> 01:39:08.000]  regarding not driving a motor vehicle?
[01:39:08.000 --> 01:39:18.000]  I want to ask him, does this also prohibit my right to travel as provided in another part of the code
[01:39:18.000 --> 01:39:30.000]  where it identifies a public highway and that it's used as a matter of right for vehicular travel?
[01:39:30.000 --> 01:39:35.000]  Exactly. It sounds like you've been listening to Eddie's show.
[01:39:35.000 --> 01:39:40.000]  Yeah, I've been listening to some of his stuff, yeah.
[01:39:40.000 --> 01:39:44.000]  This is really a question for Eddie.
[01:39:44.000 --> 01:39:52.000]  I know about it, but I don't know it well enough to speak definitively to it.
[01:39:52.000 --> 01:39:58.000]  Okay, but in general, it's not necessarily, this picture came to another issue,
[01:39:58.000 --> 01:40:05.000]  but the idea is he's prohibited me from engaging in a commercial enterprise in so many words,
[01:40:05.000 --> 01:40:10.000]  but I want to know if it also prohibits my right to travel.
[01:40:10.000 --> 01:40:13.000]  So it's basically, I want to box him in.
[01:40:13.000 --> 01:40:18.000]  Now, suppose I send this and he doesn't respond.
[01:40:18.000 --> 01:40:23.000]  Is there a way to compel him to respond?
[01:40:23.000 --> 01:40:26.000]  Is this a municipal court?
[01:40:26.000 --> 01:40:29.000]  Yeah.
[01:40:29.000 --> 01:40:34.000]  You can petition a higher court, like the county court.
[01:40:34.000 --> 01:40:39.000]  You can ask for a motion to compel, a writ of mandamus.
[01:40:39.000 --> 01:40:41.000]  Okay, yeah.
[01:40:41.000 --> 01:40:47.000]  Generally, calling it a motion to compel is a little less difficult.
[01:40:47.000 --> 01:40:59.000]  The writ of mandamus is only applies where someone is required to do a certain thing and didn't do that thing.
[01:40:59.000 --> 01:41:11.000]  But first, you'd have to find the code that requires the judge to respond to a motion for clarification.
[01:41:11.000 --> 01:41:12.000]  Okay.
[01:41:12.000 --> 01:41:16.000]  Generally, that'll go to due process.
[01:41:16.000 --> 01:41:23.000]  When they use the term motor vehicle transportation, they're using terms of art,
[01:41:23.000 --> 01:41:27.000]  and they have special definitions in law.
[01:41:27.000 --> 01:41:34.000]  Have you looked up the definition of motor vehicle in Arizona law?
[01:41:34.000 --> 01:41:40.000]  In title, are you asking me that?
[01:41:40.000 --> 01:41:51.000]  Did Arizona adopt the federal transportation code?
[01:41:51.000 --> 01:41:54.000]  Oh, I don't know that.
[01:41:54.000 --> 01:41:59.000]  No, I haven't looked up the federal definition.
[01:41:59.000 --> 01:42:05.000]  No, it'll generally say that in the front, in the adoption of the code.
[01:42:05.000 --> 01:42:10.000]  Like in Texas, it says it adopted the federal transportation code.
[01:42:10.000 --> 01:42:12.000]  Oh, okay.
[01:42:12.000 --> 01:42:17.000]  If it does, then we can talk in the same language.
[01:42:17.000 --> 01:42:18.000]  I see.
[01:42:18.000 --> 01:42:19.000]  Okay.
[01:42:19.000 --> 01:42:24.000]  If they didn't, then I have no idea what's in their transportation code.
[01:42:24.000 --> 01:42:25.000]  Okay.
[01:42:25.000 --> 01:42:28.000]  Something tells me it is the same.
[01:42:28.000 --> 01:42:31.000]  Yeah, but this is better for Eddie's show.
[01:42:31.000 --> 01:42:32.000]  Okay.
[01:42:32.000 --> 01:42:35.000]  You can address your issues a lot better than me.
[01:42:35.000 --> 01:42:39.000]  Yeah, I was going to, I tried to call him when he was on Monday,
[01:42:39.000 --> 01:42:46.000]  but well, I think he ran a pre-recorded deal because he wasn't on.
[01:42:46.000 --> 01:42:50.000]  Anyway, yeah, you've given me something to look into.
[01:42:50.000 --> 01:42:52.000]  Okay, and give him a call Monday.
[01:42:52.000 --> 01:42:56.000]  I'm sure he can answer your questions better than I can.
[01:42:56.000 --> 01:42:57.000]  All right.
[01:42:57.000 --> 01:42:58.000]  Well, thank you very much.
[01:42:58.000 --> 01:43:01.000]  I appreciate your time and your info.
[01:43:01.000 --> 01:43:02.000]  Okay.
[01:43:02.000 --> 01:43:03.000]  Thank you, Kenneth.
[01:43:03.000 --> 01:43:06.000]  Now we're going to go to John in Texas.
[01:43:06.000 --> 01:43:08.000]  Hello, John.
[01:43:08.000 --> 01:43:10.000]  How are you?
[01:43:10.000 --> 01:43:12.000]  What do you have for us today?
[01:43:12.000 --> 01:43:14.000]  You've got about 40 seconds.
[01:43:14.000 --> 01:43:17.000]  Forty seconds?
[01:43:17.000 --> 01:43:20.000]  Until the break.
[01:43:20.000 --> 01:43:28.000]  Long story short, they filed foreclosure on my home last December,
[01:43:28.000 --> 01:43:36.000]  reopened a bankruptcy, and I do not have the automatic stay.
[01:43:36.000 --> 01:43:37.000]  Okay, hang on.
[01:43:37.000 --> 01:43:39.000]  We'll pick this up on the other side.
[01:43:39.000 --> 01:43:42.000]  Randy Kelton, Radio.
[01:43:42.000 --> 01:43:43.000]  I'm not going to give out the call.
[01:43:43.000 --> 01:43:47.000]  The number is going to our last segment, so hang on.
[01:43:47.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:04.000 --> 01:46:27.000]  Music playing.
[01:46:27.000 --> 01:46:50.000]  Okay.
[01:46:50.000 --> 01:46:51.000]  We are back.
[01:46:51.000 --> 01:46:55.000]  Randy Kelton, rule of law radio and talking to John in Texas.
[01:46:55.000 --> 01:46:58.000]  Okay. You're out of bankruptcy.
[01:46:58.000 --> 01:47:03.000]  You filed bankruptcy and you didn't get an automatic stay?
[01:47:03.000 --> 01:47:06.000]  When I reopened it, I did not get an automatic stay.
[01:47:06.000 --> 01:47:12.000]  You cannot get an automatic stay when you reopen unless it's special circumstances.
[01:47:12.000 --> 01:47:14.000]  Anyway...
[01:47:14.000 --> 01:47:17.000]  Did you claim the property as unsecured?
[01:47:17.000 --> 01:47:19.000]  Yes.
[01:47:19.000 --> 01:47:21.000]  Good.
[01:47:21.000 --> 01:47:29.000]  Okay. They went to JP Court and filed for retainer to get me out,
[01:47:29.000 --> 01:47:36.000]  and that was on the 10th of September, and I won it.
[01:47:36.000 --> 01:47:43.000]  Well, that was on the 10th, and it's five days for appeal.
[01:47:43.000 --> 01:47:48.000]  Well, today, now it's actually yesterday, 13 days later,
[01:47:48.000 --> 01:47:53.000]  I find out that it's already been kicked up to the county court of law
[01:47:53.000 --> 01:47:57.000]  in Tarrant County, Fort Worth.
[01:47:57.000 --> 01:48:04.000]  Anyway, I went over to the JP Court today, and they filed it the next day, the 11th of September.
[01:48:04.000 --> 01:48:12.000]  So anyway, I have to make within eight full days after the 21st, which was last Monday.
[01:48:12.000 --> 01:48:17.000]  I've gotten to the 29th to do an answer to it.
[01:48:17.000 --> 01:48:22.000]  When I was in court, I told them I was going to file an IRS lien,
[01:48:22.000 --> 01:48:31.000]  and I have that right to do it for $630,000, but the taxes are not paid.
[01:48:31.000 --> 01:48:35.000]  And I guess I scared them a lot.
[01:48:35.000 --> 01:48:41.000]  And anyway, I've also had two letters I sent some people.
[01:48:41.000 --> 01:48:45.000]  The people, the service company has changed.
[01:48:45.000 --> 01:48:52.000]  It was Bank of America, now I believe it's Select Portfolio.
[01:48:52.000 --> 01:48:54.000]  They took over a lot of Bank of America.
[01:48:54.000 --> 01:49:04.000]  Anyway, on the 20th of August, I sent them an affidavit of truth
[01:49:04.000 --> 01:49:08.000]  and also a second letter certified in the same envelope,
[01:49:08.000 --> 01:49:14.000]  and I was objecting to the—they wanted me to start making payments.
[01:49:14.000 --> 01:49:17.000]  Well, that didn't make sense, because if they foreclosed,
[01:49:17.000 --> 01:49:20.000]  why would they want me to make payments?
[01:49:20.000 --> 01:49:25.000]  So anyway, I put a 10-day letter in there and a 30-day letter,
[01:49:25.000 --> 01:49:33.000]  and the 30-day expired the 22nd, which is Tuesday, and they did not respond.
[01:49:33.000 --> 01:49:39.000]  And I'm going to file in the deed records an affidavit
[01:49:39.000 --> 01:49:49.000]  and show those two letters that it says that I now own the legal description
[01:49:49.000 --> 01:49:54.000]  and entity as well as the—what is that?
[01:49:54.000 --> 01:50:01.000]  The equitable interest also.
[01:50:01.000 --> 01:50:04.000]  They'll have both sides.
[01:50:04.000 --> 01:50:11.000]  How did you get to that position?
[01:50:11.000 --> 01:50:21.000]  I have an affidavit of a registered owner on my birth certificate,
[01:50:21.000 --> 01:50:26.000]  which I did on the 3rd of August of this year,
[01:50:26.000 --> 01:50:30.000]  but they never responded with the letters I sent,
[01:50:30.000 --> 01:50:34.000]  especially the 10-day affidavit of truth.
[01:50:34.000 --> 01:50:36.000]  They just would not respond.
[01:50:36.000 --> 01:50:42.000]  What duty do they have to respond?
[01:50:42.000 --> 01:50:46.000]  There's a lot of forgery that was involved.
[01:50:46.000 --> 01:50:51.000]  There were seven promissory notes, different promissory notes.
[01:50:51.000 --> 01:50:56.000]  There were forgeries, and I enclosed that also.
[01:50:56.000 --> 01:51:00.000]  What duty did they have to respond?
[01:51:00.000 --> 01:51:03.000]  Because I asked them to.
[01:51:03.000 --> 01:51:06.000]  No, you need a duty.
[01:51:06.000 --> 01:51:14.000]  If they have no duty to respond, then they can ignore it.
[01:51:14.000 --> 01:51:21.000]  Now, if you're demanding to see the original note under UCC 3-501,
[01:51:21.000 --> 01:51:26.000]  they have a duty to respond, and you can go to UCC 3-501
[01:51:26.000 --> 01:51:30.000]  and say, here's your duty to respond.
[01:51:30.000 --> 01:51:33.000]  But if you sent them an affidavit,
[01:51:33.000 --> 01:51:37.000]  an affidavit is just a statement of facts,
[01:51:37.000 --> 01:51:41.000]  so there's nothing to respond to.
[01:51:41.000 --> 01:51:47.000]  Well, I also put in there this remit, the real estate investment conduit
[01:51:47.000 --> 01:51:52.000]  that's supposed to have been put into the United States Securities Exchange Commission,
[01:51:52.000 --> 01:51:56.000]  transferred the 18th of February of 2005.
[01:51:56.000 --> 01:52:02.000]  It was never transferred into that remit,
[01:52:02.000 --> 01:52:06.000]  and because it was never transferred into it,
[01:52:06.000 --> 01:52:13.000]  they have no authority as a service company to collect the money.
[01:52:13.000 --> 01:52:18.000]  Okay, in order to understand this, we'd have to back up.
[01:52:18.000 --> 01:52:20.000]  Yeah, I know. I'm kind of running out of time.
[01:52:20.000 --> 01:52:21.000]  Okay.
[01:52:21.000 --> 01:52:22.000]  Seven minutes.
[01:52:22.000 --> 01:52:27.000]  They did a nonjudicial foreclosure.
[01:52:27.000 --> 01:52:33.000]  Have you challenged the foreclosure?
[01:52:33.000 --> 01:52:37.000]  Uh, yes.
[01:52:37.000 --> 01:52:40.000]  How did you challenge the foreclosure?
[01:52:40.000 --> 01:52:47.000]  I have a recording of a lady with the Bank of America said,
[01:52:47.000 --> 01:52:51.000]  if it was foreclosed, and I record that conversation,
[01:52:51.000 --> 01:52:55.000]  if it was foreclosed or we will rescind it
[01:52:55.000 --> 01:53:03.000]  and also hand deliver it to the trustee about an hour before they foreclosed on it,
[01:53:03.000 --> 01:53:09.000]  and he told me about three times, he said, I will pull it, I will not sell it.
[01:53:09.000 --> 01:53:13.000]  When I left, he sold it.
[01:53:13.000 --> 01:53:16.000]  To the trustee?
[01:53:16.000 --> 01:53:20.000]  That's what I'm thinking about doing.
[01:53:20.000 --> 01:53:25.000]  The trustee is immune from suits so long as he acts in good faith.
[01:53:25.000 --> 01:53:27.000]  I understand that.
[01:53:27.000 --> 01:53:32.000]  Once you give him notice, he no longer can claim good faith.
[01:53:32.000 --> 01:53:36.000]  There's another technicality of it also.
[01:53:36.000 --> 01:53:42.000]  I am also the donor and the transferer,
[01:53:42.000 --> 01:53:50.000]  and the trustee is a transferee as well as the donnie.
[01:53:50.000 --> 01:53:54.000]  And it kind of gets complicated, but he's an...
[01:53:54.000 --> 01:53:55.000]  Okay, wait a minute.
[01:53:55.000 --> 01:54:02.000]  He is the transferee of what?
[01:54:02.000 --> 01:54:06.000]  Of the taxes.
[01:54:06.000 --> 01:54:09.000]  Wait, I didn't understand that last word.
[01:54:09.000 --> 01:54:11.000]  Of the taxes.
[01:54:11.000 --> 01:54:15.000]  Okay, he has a tax liability.
[01:54:15.000 --> 01:54:26.000]  What does his tax liability have to do with your obligation to the bank
[01:54:26.000 --> 01:54:36.000]  and the bank's authority to exercise the privileges in the deed of trust?
[01:54:36.000 --> 01:54:40.000]  Well, it complicated him.
[01:54:40.000 --> 01:54:50.000]  The trustee, tax-wise, it was bid in at $40,000.
[01:54:50.000 --> 01:54:51.000]  Bid in.
[01:54:51.000 --> 01:54:55.000]  I don't understand what that means.
[01:54:55.000 --> 01:54:59.000]  What does bid in mean?
[01:54:59.000 --> 01:55:10.000]  He sold it, which is bid back in, at $40,000 on a $82,900 promissory note,
[01:55:10.000 --> 01:55:16.000]  which was converted supposedly to an investment security.
[01:55:16.000 --> 01:55:19.000]  I have no idea where you're going here.
[01:55:19.000 --> 01:55:24.000]  You kind of moved around all over the place.
[01:55:24.000 --> 01:55:28.000]  Is MERS included in your security instrument?
[01:55:28.000 --> 01:55:30.000]  Yes.
[01:55:30.000 --> 01:55:38.000]  So is it a Fannie Mae freedom act uniform instrument, think 3044 or 3041?
[01:55:38.000 --> 01:55:43.000]  I don't believe it is because it is conventional.
[01:55:43.000 --> 01:55:46.000]  Conventional or...
[01:55:46.000 --> 01:55:48.000]  That's the type of note it is.
[01:55:48.000 --> 01:55:51.000]  That doesn't have anything to do with the deed of trust.
[01:55:51.000 --> 01:55:56.000]  If it's a standard deed of trust, it's almost certainly a Fannie Mae freedom act uniform instrument.
[01:55:56.000 --> 01:56:01.000]  Will that be a HUD also?
[01:56:01.000 --> 01:56:04.000]  HUD wouldn't have anything to do with it.
[01:56:04.000 --> 01:56:08.000]  There will be a HUD one, but that doesn't have anything to do with the security instrument.
[01:56:08.000 --> 01:56:11.000]  Where I'm going is you were talking about the trustee.
[01:56:11.000 --> 01:56:16.000]  What does the trustee hold?
[01:56:16.000 --> 01:56:20.000]  Read that security instrument carefully.
[01:56:20.000 --> 01:56:24.000]  Jeff said you suggest that you take a pencil and paper and write it out,
[01:56:24.000 --> 01:56:28.000]  write out every word of it, make a copy of it.
[01:56:28.000 --> 01:56:34.000]  Because when you get to the first two paragraphs of the actual deed of trust,
[01:56:34.000 --> 01:56:38.000]  the first section are all definitions.
[01:56:38.000 --> 01:56:49.000]  The first paragraph of the deed of trust purports to transfer something to the trustee.
[01:56:49.000 --> 01:56:52.000]  Now there's only two forms of title there.
[01:56:52.000 --> 01:56:56.000]  There's equitable and there's legal.
[01:56:56.000 --> 01:56:59.000]  So the trustee does not get equitable title.
[01:56:59.000 --> 01:57:01.000]  That states it's a beneficiary.
[01:57:01.000 --> 01:57:06.000]  The trustee can only get legal title.
[01:57:06.000 --> 01:57:10.000]  But you read the second paragraph of the security instrument,
[01:57:10.000 --> 01:57:20.000]  and it is the paragraph that was put there to include any additions or upgrades to the property.
[01:57:20.000 --> 01:57:24.000]  They're included in the collateral.
[01:57:24.000 --> 01:57:30.000]  Right in the middle of that, somebody, I think he was high on coke, put in there,
[01:57:30.000 --> 01:57:38.000]  you understand that Merge is not the beneficiary, but merely holds legal title.
[01:57:38.000 --> 01:57:42.000]  Now wait a minute.
[01:57:42.000 --> 01:57:48.000]  I thought the trustee held legal title.
[01:57:48.000 --> 01:57:54.000]  If Merge holds legal title, the trustee holds nothing.
[01:57:54.000 --> 01:57:56.000]  They had no power to foreclose.
[01:57:56.000 --> 01:58:02.000]  That's why I asked how you challenge the foreclosure.
[01:58:02.000 --> 01:58:06.000]  Can you call in tomorrow night and talk about this in more detail?
[01:58:06.000 --> 01:58:08.000]  Yes.
[01:58:08.000 --> 01:58:12.000]  There are some serious problems with the deed of trust that you can address,
[01:58:12.000 --> 01:58:15.000]  that need to be addressed in court.
[01:58:15.000 --> 01:58:17.000]  And to that, they have a duty to respond.
[01:58:17.000 --> 01:58:21.000]  Randy Kelton, Wheel of Law Radio, thank you all for listening.
[01:58:21.000 --> 01:58:26.000]  We will be back tomorrow night with our four-hour info marathon.
[01:58:26.000 --> 01:58:30.000]  So if you have a question or comment, call in tomorrow night.
[01:58:30.000 --> 01:58:32.000]  We'll have a lot more time.
[01:58:32.000 --> 01:58:36.000]  We generally spend more time with college than Merge should do
[01:58:36.000 --> 01:58:41.000]  because our issues tend to be somewhat more complex.
[01:58:41.000 --> 01:58:43.000]  So give us a call tomorrow night.
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[01:58:47.000 --> 01:59:02.000]  Thank you all for listening.
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